How pedestrian crashes happen
- Drivers turning left or right through a crosswalk without yielding
- Running red lights or stop signs
- Speeding on wide arterial roads where pedestrians must cross many lanes
- Backing out of driveways and parking spaces
- Distracted and impaired driving
- Poor lighting, missing crosswalks or signals, and other road design problems
Driver duties toward pedestrians
California
Drivers must yield the right-of-way to pedestrians crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and must slow down or stop as needed for pedestrian safety. Cal. Veh. Code § 21950 Pedestrians also must not suddenly leave a curb into the path of a vehicle so close as to be an immediate hazard, and a pedestrian's conduct can be weighed as comparative fault.
Arizona
Drivers must yield to pedestrians within a crosswalk on the driver's half of the roadway, or approaching closely from the other half. A.R.S. § 28-792 Drivers must also exercise due care to avoid colliding with any pedestrian. A.R.S. § 28-794 Pedestrians crossing outside a crosswalk must yield to vehicles, but that does not excuse a driver who could have avoided them.
Who can be responsible
The driver, the driver's employer if the driver was working, the vehicle owner in some cases, and, where poor road design or a broken signal contributed, a public agency. Claims against a public agency must be presented quickly: generally within six months in California and 180 days in Arizona. Cal. Gov. Code § 911.2; A.R.S. § 12-821.01
Injuries
Traumatic brain injury, spinal injury, pelvic and leg fractures, internal injuries and, tragically often, fatal injuries. See catastrophic injuries and wrongful death.
Insurance for pedestrians
The at-fault driver's liability coverage is the starting point. If that driver is uninsured, underinsured or flees, your own auto policy's uninsured and underinsured motorist coverage may protect you even though you were walking, and a household member's policy may apply as well. Medical payments coverage and health insurance may also help with bills. See UM/UIM claims.
Evidence to preserve
Nearby business and home security cameras (often overwritten within days), the police report, photos of the crosswalk, signals and lighting, your clothing and shoes, and witness contact information.
How insurers defend pedestrian claims
"The pedestrian darted out." "They were on their phone." "They were wearing dark clothes." Eli uses video, physical evidence, sight lines and the driver's own speed and attention to show what really happened.
Pedestrian accident FAQ
I wasn't in a crosswalk. Do I still have a case?
Possibly. Crossing outside a crosswalk may reduce your recovery under comparative fault, but drivers still must use due care to avoid pedestrians.
The driver had no insurance. Can my car insurance pay even though I was walking?
Often, yes. Uninsured and underinsured motorist coverage generally follows the insured person, not just the car. Check your policy and household policies.
How long do I have?
Generally two years to file a lawsuit in both states, but much less time if a public agency may be responsible.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
