Can a Pedestrian Be At Fault for an Accident in Arizona?

If a vehicle hits you while you are in or near a road or parking lot, you understandably expect to receive suitable compensation for your damages. If the other party claims they are not the one responsible for the accident, however, it can raise questions as to whether a pedestrian can be at fault for a car accident.



At Sargon Law Group, we proudly support Maricopa County residents as they navigate the stressful circumstances after a car accident. We can help you understand what happens next after a pedestrian accident and how the law determines fault in such a situation.

Can a Pedestrian Be at Fault for a Motor Vehicle Accident?

When most people think of pedestrian accidents, they might imagine negligent drivers speeding through a parking lot or running a red light. In these scenarios, it is likely that the reckless motorist would bear the entirety of the fault for hitting a pedestrian. However, there are also times when a pedestrian can be at fault for an accident as well.

The most common example of a pedestrian bearing fault for a motor vehicle accident is jaywalking. While motorists do have a responsibility to always be attentive behind the wheel, they cannot reasonably anticipate a pedestrian being in the street at unmarked locations. If it comes to light that a pedestrian was jaywalking at the time of an accident, some or all of the fault may fall on the pedestrian during insurance discussions.

What Constitutes Jaywalking in Arizona?

Arizona legal statutes include specific laws that apply when a pedestrian attempts to cross at a location other than a crosswalk. According to these laws, pedestrians must always yield the right-of-way to vehicles on the roadway when crossing anywhere other than a designated crosswalk. Pedestrians also may not, under any circumstances, cross between adjacent intersections at which traffic control signals are in operation at any place except a marked crosswalk.

Any act that violates these laws constitutes illegal jaywalking. The term jaywalking refers to any attempt to cross or walk across a roadway in any manner that is illegal or that exhibits disregard for approaching traffic. Jaywalking also constitutes a situation in which a pedestrian can be at fault for a traffic accident.

What Other Factors Contribute to a Pedestrian's Fault?

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