(520) 355-1161
Tucson’s sun-soaked streets and sprawling intersections see thousands of pedestrians every day, from students crossing near the University of Arizona to commuters traversing busy routes such as Speedway Boulevard and Oracle Road. When a driver fails to yield, runs a red light, or simply isn’t paying attention, the consequences for a pedestrian can be severe and long-lasting. If you or someone you love was struck by a vehicle, understanding your legal rights under Arizona law is the first step toward making sense of what comes next.
What Arizona Law Says About Pedestrian Rights
Arizona law generally requires drivers to yield to pedestrians in marked crosswalks and in certain crosswalk situations at intersections. Both drivers and pedestrians share responsibility, so the specific facts matter.
Under Arizona Revised Statutes Section 28-792, drivers must yield to pedestrians in marked crosswalks or at signal-controlled intersections, and they may not pass a vehicle stopped for a crossing pedestrian.
Pedestrians must comply with traffic signals and use crosswalks where available. Arizona law does not grant pedestrians an unlimited right of way, so the details of the accident matter.
Who Is at Fault in a Tucson Pedestrian Accident?
The fault in Arizona pedestrian accidents depends on each party’s actions. Arizona’s comparative fault system allows shared responsibility.
Arizona follows a pure comparative fault system. Even if you were partially responsible, you may still recover compensation, reduced by your percentage of fault.
For example, if a driver ran a red light and hit you, but you were crossing slightly outside the marked crosswalk, a court might assign 10% of the fault to you. You would still be eligible to recover 90% of your total damages. This distinction matters because some states bar recovery entirely if a plaintiff holds any fault.
Common causes of pedestrian accidents in Tucson include:
- Distracted or intoxicated driving
- Failure to yield at crosswalks on high-traffic roads
- Speeding through residential neighborhoods
- Poor visibility at night on unlit stretches of road
- Left-turn collisions at busy intersections
What Damages Can You Recover?
Injured pedestrians in Arizona may recover economic and non-economic damages, including medical costs, lost income, and compensation for pain and suffering. Because these accidents often cause serious injuries, the losses can be significant.
The injuries from being struck by a vehicle are rarely minor. Broken bones, traumatic brain injuries, spinal damage, and internal injuries are common outcomes. For that reason, Arizona law allows injured pedestrians to pursue compensation for both economic and non-economic losses.
Economic damages are measurable financial losses tied directly to the accident, including emergency room bills, follow-up care, physical therapy, lost wages, and future earning capacity.
Non-economic damages cover physical pain, emotional distress, and loss of enjoyment in daily activities. In catastrophic injury cases, these damages can be substantial.
Arizona generally does not cap non-economic damages in personal injury cases, though exceptions can apply. As a result, the full scope of your suffering can be considered in settlement or trial.
The Statute of Limitations for Pedestrian Accident Claims in Arizona
Arizona gives most pedestrian accident victims two years from the date of injury to file a personal injury lawsuit under A.R.S. Section 12-542.
Under A.R.S. Section 12-542, personal injury claims in Arizona generally must be filed within two years of the injury. Time is not on your side after a serious accident.
There are exceptions worth noting. If the at-fault driver was a government employee operating a public vehicle, different notice requirements and shorter timelines may apply. Act quickly to preserve your options and keep the evidence fresh.
Steps to Take After a Pedestrian Accident in Tucson
What you do in the hours and days following the accident can shape the strength of your claim. These steps can help protect that claim.
Seek medical attention immediately, even if you feel fine. Some injuries, particularly head trauma and internal bleeding, may not show symptoms right away. A documented medical evaluation also links your injuries to the accident.
Report the accident to the Tucson Police Department so an official report is generated. Gather contact information from the driver and any witnesses. Photograph the scene, your injuries, and any vehicle involved. Then, avoid giving recorded statements to the at-fault driver’s insurance company before speaking with an attorney.
Insurance adjusters often seek information that minimizes the company’s financial exposure. That is why a recorded statement after an accident can be used against you later, especially if you are disoriented or do not yet know the full extent of your injuries.
How Doug Newborn Law Firm, PLLC Can Help
At Doug Newborn Law Firm, PLLC, we understand what Tucson pedestrians go through after a serious accident because we are rooted in this community. As a veteran-owned firm, we bring a firm, no-nonsense approach to every case we take on. When litigation is necessary, we handle it, and we do not shy away from standing up to insurance companies on our clients’ behalf.
Our firm is actively involved in Tucson through charitable work and local projects because we believe that serving our neighbors goes beyond the courtroom. That commitment carries through to the way we represent clients: when you work with us, you get consistent, trustworthy representation from a firm that sincerely cares about the outcome.
If you or a family member was hit by a car in Tucson, call us today at 520-355-1161 or contact us to schedule a consultation. Take the next step to understand your rights under Arizona law, and let us help you move forward.
