- Need Free Consultation?
Pedestrians in a marked crosswalk or at an unmarked crosswalk at an intersection have the right of way (ARS 28-792). Drivers must yield. But pedestrians crossing mid-block outside a crosswalk must yield to vehicles (ARS 28-793). Comparative fault applies either way.
Yes. Arizona uses pure comparative fault (ARS 12-2505). Jaywalking is not a bar to recovery; it reduces your award by your percentage of fault. A driver who was speeding, distracted, or impaired still carries substantial fault regardless of where the pedestrian was.
Parking lots are private property, but negligence law still applies. Drivers owe pedestrians a duty of reasonable care. Low-speed impacts still cause TBIs, fractures, and soft-tissue injuries, especially in elderly plaintiffs. Premises-liability theory may also apply against the lot owner for unsafe design.
Uninsured motorist (UM) coverage on your auto policy covers hit-and-run pedestrian claims in Arizona. Report to police immediately and preserve any surveillance footage. UM claims follow the same two-year deadline under ARS 12-542 and require cooperation with the carrier.
Two years from the date of the incident under ARS 12-542. Wrongful death is two years from death. Government-vehicle claims require 180-day notice (ARS 12-821.01). Minors have tolling until 18 (ARS 12-502). Do not wait; evidence disappears fast.