Arizona traffic law is written in three places no driver reads until it’s too late. When the police report cites “ARS 28-771” or “28-773” against you, you don’t need to memorize the statute. You need to understand what the adjuster sees when she reads it, because that one citation can shift fault percentage 30 points and cost you tens of thousands.
This post explains exactly what ARS 28-771, 28-773, and 28-774 say, when each one applies, and what every Arizona crash victim should know before talking to insurance.
The Three Statutes That Decide Most Arizona Crash Cases
Of the dozens of right-of-way laws in the Arizona Revised Statutes, three handle the majority of urban and suburban crashes: 28-771 covers vehicles approaching an intersection from different directions, 28-773 governs left turns at intersections, and 28-774 addresses how a driver entering a roadway from a stop sign or yield must behave. If you were involved in an intersection crash anywhere from Tempe to Glendale to Gilbert, the police report is almost certainly citing one of these three.
ARS 28-771 — The General Right-of-Way Rule
The statute reads, in plain terms: when two vehicles approach an intersection at approximately the same time and there is no signal or stop sign controlling the intersection, the vehicle on the right has the right of way. The vehicle on the left must yield.
This sounds simple. In practice, it gets argued in every uncontrolled-intersection crash in the Phoenix valley. The phrase “approximately the same time” is where adjusters live. If your dashcam or a witness can show you entered the intersection meaningfully ahead of the other driver, 28-771 doesn’t apply at all. You had the right of way because you got there first.
Where this matters: small Mesa side streets, residential intersections in Chandler and Tempe near schools, the dozens of uncontrolled intersections in older neighborhoods of Phoenix where stop signs were never installed.
ARS 28-773 — The Left Turn Statute
Arizona Revised Statutes section 28-773 says a driver intending to turn left across the path of oncoming traffic must yield to any vehicle that is so close as to constitute an immediate hazard. The left-turning driver is, by statute, the one who needs to make the safe judgment call.
This is the statute that destroys cases for left-turning drivers in Arizona. If you turned left across traffic and got hit, the presumption of fault under 28-773 falls on you. The adjuster knows this. The defense attorney knows this. Your case turns on two questions: was the oncoming vehicle actually an “immediate hazard” under the statute, or did they accelerate aggressively into the intersection after you had begun your turn? And was the oncoming vehicle speeding?
If the oncoming vehicle was traveling 15+ mph over the limit, Arizona case law has consistently held that 28-773 fault can shift back to the speeding driver under comparative negligence (ARS 12-2505). This is where evidence preservation matters most. Dashcam footage, EDR data from your vehicle, and the speed at impact from the police reconstruction will determine your recovery.
ARS 28-774 — Entering a Roadway from a Stop or Yield
ARS 28-774 says a driver entering a roadway from a stop sign, yield sign, alley, driveway, or private property must yield to all vehicles already on the roadway. This is the statute that controls T-bone crashes at controlled intersections, parking lot exits, and the alleys behind Phoenix-area strip malls.
Like 28-773, 28-774 puts the burden on the driver entering the roadway. If you pulled out of a Circle K parking lot and got hit by oncoming traffic on McDowell Road, ARS 28-774 starts your case at high fault percentage unless you can prove the oncoming driver was speeding, running a red, or otherwise acting negligently.
How These Statutes Show Up in Insurance Adjuster Decisions
Here’s what most Arizona drivers don’t realize: the insurance adjuster handling your claim has the police report within 48 hours of the crash, and her first action is to read which statute was cited. If 28-773 was cited against you, she has already adjusted her reserve estimate downward. If 28-771 favors you, she knows the case will likely cost her insurer more, and she’ll offer a lower first settlement to test whether you have a lawyer reading the same statute.
What changes the equation: independent evidence. An eyewitness statement that contradicts the police report. EDR data pulled from either vehicle. Dashcam footage. Traffic camera review (most Phoenix metro intersections have city cameras whose footage is recoverable for 30 days).
Cited under one of these statutes after your crash?
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The Order of Operations After a Citation Under One of These Statutes
If a police report cites ARS 28-771, 28-773, or 28-774 in your crash, here’s the order that protects your case:
- Don’t accept the citation as final fault. An officer issuing a traffic citation is documenting probable cause, not adjudicating civil liability. The civil case operates under different evidentiary rules.
- Preserve evidence within 7 days. Vehicle EDR data is typically overwritten within 30 days of repair work. Traffic camera footage from city of Phoenix, Mesa, Tempe, Scottsdale, and Chandler is preserved for 30 days only. Send a preservation letter to relevant entities immediately.
- Get the full police report. Not the short version. Request the supplemental investigation, witness statements, scene photos, and any reconstruction notes. AZDPS reports for Maricopa County typically run 8-15 pages when fully assembled.
- Get medical evaluation in writing. Even if you feel okay. Delayed-onset injuries are common after intersection crashes. The medical record is also the evidence base for damages.
- Don’t give a recorded statement to the other driver’s insurer. Under ARS 28-771/773/774 fault analysis, your spontaneous statement about “what you remember” will be replayed in arbitration. Wait until you have counsel or until you’ve reviewed the evidence base.
- Challenge the statute application if facts support it. 28-773 doesn’t apply if the oncoming driver was speeding. 28-774 has exceptions for emergency vehicles, drivers with malfunctioning controls, and pedestrians in crosswalks.
Frequently Asked Questions
Does a traffic citation under ARS 28-771, 28-773, or 28-774 mean I’m 100% at fault?
No. A traffic citation is the officer’s judgment of probable cause for a traffic-law violation, not a determination of civil liability percentage. Civil liability runs under ARS 12-2505, Arizona’s comparative fault statute, which assigns fault percentages based on evidence at trial or arbitration. You can be cited under 28-773 and still recover 60-70% of your damages if the evidence shows the other driver was speeding or otherwise negligent.
What is the Arizona statute of limitations for filing a personal injury claim under these statutes?
Two years from the date of the crash for personal injury (ARS 12-542). If a government entity is involved (a state, county, or municipal vehicle), notice of claim must be filed within 180 days, and the lawsuit must be filed within one year, per ARS 12-821.01 and 12-821.
How do I get the EDR (event data recorder) data from my vehicle pulled?
Most vehicles from 2013 onward have EDR systems. Pulling the data requires a licensed crash reconstructionist and the right hardware (typically a Bosch CDR tool). Cost runs $400 to $1,200 depending on vehicle make. Your attorney can either coordinate this or front the cost. Do this within 30 days because some EDR systems overwrite older data when triggered again, and once a vehicle is repaired the module may be replaced.
If the other driver was speeding when I made a left turn, does ARS 28-773 still apply against me?
The statute still applies, but the fault analysis under ARS 12-2505 (comparative negligence) shifts. Arizona courts have repeatedly held that a left-turning driver yielding to traffic is entitled to assume oncoming traffic is operating at or near the posted speed limit. If the oncoming vehicle was 15+ mph over the limit, that’s a material change in the case, and fault can re-allocate significantly in your favor.
The police report has a factual error. Can I get it corrected?
Yes, but the process is technical. You file a supplemental report request with the issuing agency, providing the corrected facts and supporting evidence (witness statements, photos, dashcam). The original report doesn’t get edited, but a supplemental report becomes part of the official record. For Maricopa County agencies, the request typically takes 30-90 days. Don’t skip this step. Adjusters and defense attorneys read police reports as primary evidence.
Talk to Someone Who Knows How These Statutes Are Argued
Wood Injury Law represents Arizona crash victims statewide. Josh Wood is a former insurance defense attorney, which means before he represented people, he represented the insurance companies that are now adjusting your claim. He knows which arguments adjusters make under 28-771, 28-773, and 28-774, and he knows which evidence changes the analysis.
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Call (480) 937-2116 for a free case review, or request a free consultation online.
