How Right of Way Determines Fault in an Arizona Crash

Arizona is a fault state. The driver who caused the crash, or whose insurance company is liable, pays the damages. In intersection collisions, the question of who had the right of way is usually the question that decides fault.

Four statutes do most of the work: ARS §28-771 (uncontrolled intersections), §28-772 (left turns), §28-773 (stop signs), and §28-774 (yield signs). Police officers reference them in crash reports. Insurance adjusters cite them when arguing fault percentages. Defense attorneys quote them in court. Knowing what they say protects you.

ARS §28-771: Uncontrolled Intersections (No Signs, No Signals)

When two vehicles approach an intersection that has no signs or signals at the same time, ARS §28-771 says the driver on the left must yield to the driver on the right.

The key word is approximately the same time. If you arrived clearly first, you have the right of way and the second-arriving vehicle must yield. If you arrived second, you have to yield to the vehicle on your right.

In rural Arizona and older suburban neighborhoods, uncontrolled intersections still exist. Crashes there often turn on which driver “got there first” — a fact insurers fight aggressively without dashcam or witness evidence.

ARS §28-772: Left Turns

ARS §28-772 says the driver of a vehicle intending to turn left across oncoming traffic must yield to any vehicle approaching from the opposite direction that is close enough to constitute an immediate hazard.

This statute is the reason left-turn crashes almost always go against the left-turning driver. The oncoming vehicle, in the same direction lane, has the right of way. The left-turning driver must wait for a clear gap.

The defense in these cases usually argues the oncoming driver was speeding or that the turn was completed before the oncoming vehicle became “an immediate hazard.” Speed reconstruction, intersection cameras, and witness statements decide these disputes.

ARS §28-773: Stop Signs

ARS §28-773 requires drivers approaching a stop sign to come to a complete stop and then yield to traffic on the cross street. After yielding, the driver may proceed only when it is safe to do so.

Two violations create most crashes here: rolling stops (where the driver slows but never fully stops) and “I stopped but then proceeded into traffic” situations where the driver stopped at the sign but failed to yield to oncoming or cross traffic before pulling out.

In Arizona, a complete stop is a complete stop. The vehicle must come to zero motion. Insurers argue both halves of this — that you didn’t come to a true stop, or that you stopped but proceeded unsafely.

ARS §28-774: Yield Signs

ARS §28-774 requires drivers approaching a yield sign to slow to a reasonable speed and yield to vehicles on the cross street that are close enough to constitute an immediate hazard. A complete stop is not always required, but a stop is required if necessary to safely yield.

Yield-sign crashes typically involve a driver who failed to slow enough and entered cross traffic at speed. Defense often argues the yield was performed reasonably and the cross-traffic vehicle was speeding or driving erratically.

Comparative Fault Still Applies

Even when one driver clearly violated a right-of-way statute, Arizona’s pure comparative negligence rule under ARS §12-2505 means fault can be split. If you were the right-of-way driver but were also speeding or distracted, your recovery may be reduced by your share of fault.

We see this often: a driver runs a stop sign, but the other driver was 5–10 mph over the limit. Insurers will assign 15–25% fault to the speeding driver to reduce the payout. Whether that argument holds depends on case-specific facts.

What This Means for Your Case

If you were hit at an Arizona intersection, the right-of-way analysis is the first thing your attorney looks at. The police report often establishes initial fault, but it is not the final word. Witness statements, intersection cameras, dashcam footage, and accident reconstruction all factor in.

The earlier you call a car accident attorney, the more evidence we can preserve. Intersection cameras overwrite footage in 30 to 90 days. Witness contact information disappears. Dashcam footage on the other driver’s vehicle gets wiped on a cycle.

This article provides general information about Arizona law and is not legal advice. Every case is fact-specific. For advice on your particular situation, contact an Arizona-licensed attorney.