What Happens if You Hit a Pedestrian Jaywalking in Arizona?
Each year, hundreds of pedestrians in Arizona suffer serious injuries from traffic collisions. While negligent drivers are part of the problem, sometimes, the pedestrian is partially at fault. Incorrect use of roadways, including jaywalking, can have serious repercussions, including injury, lawsuits, and monetary penalties.
In this article, we’ll explain the basics of jaywalking, how to determine the at-fault party, and how comparative negligence factors into damage awards.
Understanding Jaywalking Laws in Arizona
Jaywalking is not condoned in Arizona, but it’s also not illegal. Jaywalking is considered crossing an intersection at any area outside of the designated walkway or at the incorrect time. Arizona Revised Statute 28-793 is the section of Arizona law that contains jaywalking provisions.
If a pedestrian does elect to jaywalk, they must stay on the curb until it’s safe to cross. There can be no vehicles in sight before crossing the roadway. This means you shouldn’t try and run across the road when a car is coming. Although jaywalking is not specifically illegal in Arizona, pedestrians can get in trouble if it places them or motorists in unnecessary danger.
One of the only situations where jaywalking is expressly permitted in Arizona is between adjacent intersections with control signals. Cities in Arizona can impose different regulations. This makes it important to consult with an attorney well-versed in all Arizona regulations if you are in an accident involving jaywalking.
Who Is At Fault?
If the city does not permit jaywalking and the pedestrian does so anyway, the pedestrian could be liable for the collision. Breaking the law and causing an accident can lead to automatic liability under the rules of negligence. However, if the pedestrian had the right to jaywalk, the motorist might be partially at fault.
In situations where jaywalking is permitted, the pedestrian must do so safely. Stepping into oncoming traffic would generate negligence on the pedestrian’s part. However, if a driver could have reasonably avoided the crash, they can be found at fault. A driver can’t just barrel through pedestrians even though they are jaywalking. Drivers still have a responsibility to prevent collisions.
How Does Comparative Negligence Factor In?
Sometimes, an accident isn’t all the fault of one party. This is where comparative negligence comes into play. In Arizona, even if one party is 99% at fault, they can recover compensation under pure comparative negligence laws.
For example, if a pedestrian is jaywalking, but a motorist isn’t paying attention, both parties can be partially at fault. The percentage that the pedestrian or motorist is found at fault determines the amount that they can claim in damages.
Arizona jaywalking laws can quickly become complex when accidents occur, especially if both parties are partially at fault. This makes it important to contact a qualified personal injury attorney that can help you maximize your damages in the event comparative negligence comes into effect.
Our team at The Z Lawyer has the experience and expertise you need in a jaywalking lawsuit. Reach out today to schedule your free consultation.