Phoenix Pedestrian Accident Attorneys
Pedestrians are among the most vulnerable road users in Phoenix, and even a moment of driver inattention can lead to life-changing injuries. Arizona law requires motorists to yield to pedestrians in marked and unmarked crosswalks, slow down in school and residential zones, and exercise reasonable care whenever someone is walking nearby. When a driver fails to meet these duties, serious pedestrian accidents often follow.
If you or a loved one was hit while walking, a Phoenix pedestrian accident lawyer at Gallagher & Kennedy can help you understand your rights and pursue the compensation you need to move forward. Our team has extensive experience handling pedestrian injury cases across Arizona, and we are here to guide you through each step of the process.
Call (602) 530-8400 today to speak with a Phoenix pedestrian accident attorney for free and learn how we can assist you.
Arizona Pedestrian Laws and How They Affect Your Claim
Arizona law gives pedestrians important protections because they are some of the most vulnerable people on the road. The numbers make the risk clear: In 2024, Arizona saw more than 2,000 pedestrian crashes, with over 250 fatalities and nearly 1,900 injuries. Many of these incidents happened in places where pedestrians should have been safest — crosswalks, sidewalks, and intersections.
To help prevent these tragedies, Arizona has specific rules about how drivers and pedestrians must behave.
Driver Responsibilities Under Arizona Law
Under A.R.S. § 28-792, drivers must stop and yield to a pedestrian who is in a marked crosswalk, or in an unmarked crosswalk at an intersection, when the pedestrian is close enough that a driver can’t safely continue. This applies whether the pedestrian is fully in the lane or approaching it.
Drivers also must use “due care” around pedestrians under A.R.S. § 28-794, which includes slowing down, keeping a proper lookout, and using a horn if needed to prevent a collision.
In simple terms: Drivers are required to watch for pedestrians and take reasonable steps to avoid hitting them.
Pedestrian Duties Under Arizona Law
Pedestrians also have obligations. Under A.R.S. § 28-793, someone crossing outside a marked or unmarked crosswalk must yield to vehicles already in the roadway.
However, this does not mean a pedestrian is automatically at fault if injured outside a crosswalk. Arizona follows pure comparative negligence, which means fault can be shared, and an injured pedestrian can still recover compensation even if they are found partially responsible.
What This Means for Your Case
When Gallagher & Kennedy investigates a pedestrian accident, we look closely at whether the driver followed their legal duties — and whether failure to yield, speeding, distraction, or impaired driving contributed to the collision.
If you were hit while walking in a crosswalk, on a sidewalk, or along the shoulder, these protections may strongly support your claim. Even if the crash happened outside a crosswalk, it’s still possible for the driver to bear most or all of the responsibility, depending on the circumstances.
How We Fight for You — and Why Clients Trust Our Process
Our Phoenix pedestrian accident lawyers handle every phase of the legal process so you can focus on healing. Our responsibilities include investigating the collision, identifying all liable parties, gathering key evidence, interviewing witnesses, consulting experts, managing communications with insurance carriers, negotiating for a fair settlement, and preparing your case for trial when necessary.
Our firm works on a contingency fee basis, meaning you pay no upfront fees and no hourly charges — we are only paid if we recover compensation for you. This ensures immediate access to experienced legal help, regardless of your financial situation. It also aligns our goals with yours: our success is tied directly to your recovery.
Whether your case involves a distracted driver, a hit-and-run, a commercial vehicle, or a fatal pedestrian collision, Gallagher & Kennedy has the experience, resources, and commitment to pursue full and fair compensation under Arizona law.
Establishing Negligence in Your Phoenix Pedestrian Accident Case
Protecting your right to compensation means putting together a definitive case for driver or third-party negligence. Our pedestrian accident attorneys can work with experienced investigators to uncover the source of your accident and look for any signs of negligence that contributed to the crash. Many times it comes down to driver error.
A strong case for compensation establishes the four elements of negligence.
There are four elements to prove liability for damages:
- Duty of care: The at-fault party is obligated by law to drive safely or otherwise prevent others from getting hurt. As a driver, the law requires them to obey traffic laws, pay attention, and prevent an accident from occurring. The duty that the negligent party owes in a car crash should be a given. However, in some circumstances, the plaintiff must prove that the opposing party actually had an obligation to prevent harm.
- Breach of duty: If the driver or another party owed you a duty of care, we must prove that they failed to fulfill that duty. Duty is presumed when another driver is at fault, but it’s important to show how they failed to live up to their responsibility. Were they using a cell phone while driving? Did they run a red light? Did they accidentally accelerate when they should have braked? The breach is usually the actual cause of the accident.
- Causation: Next, your Phoenix pedestrian accident lawyer must demonstrate that the driver’s failure to operate a vehicle safely was the proximate cause of the accident. Without the driver’s improper actions, they would not have struck you.
- Damages: Finally, it’s your attorney’s job to prove that the accident left you with injuries or other losses. Whether you suffered physical, emotional, and/or financial harm, the injury must be a result of the pedestrian crash.
If the suspected negligent party is not the other driver but a third-party entity, such as a local government or car company, the elements of negligence would be applied to their specific obligations to you.
Liability in Phoenix Pedestrian Accidents
The party responsible for the crash is liable for damages. Unfortunately, sometimes that party is the pedestrian victim if they exhibited poor judgment in crossing the road. Other times, the party is a driver who failed to act responsibly—for example, by driving while distracted or failing to obey a stop sign.
We have also managed cases where neither the driver nor the victim was to blame. Instead, it was a third-party entity that neglected their duty, such as a local government that failed to address faulty traffic lights.
Potentially liable parties in a Phoenix pedestrian accident may be:
- Driver: Negligent drivers are often the cause of pedestrian accidents. Poor judgment, distracted driving, driving under the influence, or disobeying traffic laws are just a few ways that a driver can harm a pedestrian.
- Car manufacturer: Defective vehicle parts can lead to accidents. You can hold the car manufacturer liable in this case.
- Tire manufacturer: Faulty tires are a detriment to both drivers and pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), 35 percent of all vehicle crashes are related to tire problems. Some may be due to a lack of proper maintenance, while others are manufacturing issues. For instance, tread separation can begin long before you buy the tires.
- Local government: Your local government is responsible for the upkeep of roads, traffic signals, and streetlights. If government-controlled factors contributed to your pedestrian accident in Phoenix, you might have a claim against them.
- Construction company or site owner: Hazardous construction sites are dangerous to workers as well as nearby pedestrians. Falling debris or road obstructions are two examples of construction hazards.
Common Causes of Pedestrian Accidents
Over many years of representing injured pedestrians, the Phoenix accident pedestrian lawyers at Gallagher & Kennedy have realized that most accidents happen due to driver carelessness. Too many drivers fail to keep their eyes on the road, making it difficult to stop in time when a pedestrian crosses the street.
Others do not understand pedestrian right-of-way or yield when they should.
- Distracted drivers: Distracted driving currently takes the lives of more than 3,100 people in the U.S. every year. The state has started cracking down on drivers who disregard the safety of others, making it illegal to drive while using a cell phone. 100 percent of accidents caused by distracted driving are preventable. When a driver chooses to drive while distracted, they need to be held accountable.
- Speeding: Recently, the state reported 359 deaths and 19,554 people injured in speed-related crashes in one year alone. These crashes are more deadly for pedestrians who have no outside protection during the impact.
- Drunk drivers: Recently, over 5,600 alcohol-related motor vehicle accidents occurred throughout our state in one year. Of that total, 164 were accidents that began with a driver hitting a pedestrian, resulting in 45 deaths. Drunk driving (or otherwise driving under the influence of controlled substances) slows the driver’s reaction time, increasing the risk of harm to those who travel on foot.
- Unsafe or unmarked crosswalks: Pedestrians rely on crosswalks to guide them safely across the street. When these zones are not properly marked, walkers may cross at the wrong place. If a crosswalk is placed in an unsafe location, walkers are at risk of being struck.
- Malfunctioning traffic signals: Broken traffic signals are a danger to all Phoenix road users. Without them, drivers, motorcyclists, bicyclists, and pedestrians are left to navigate the flow of traffic on their own. If drivers receive a mixed signal or mistakenly believe they have the right of way, a collision can occur. Pedestrians are at the mercy of drivers who get to decide if they stop or go because traffic signals are not functioning.
- Low visibility: Many pedestrian accidents occur at night when the visibility is low. Drivers may have difficulty seeing, making it hard to avoid hitting a pedestrian. According to the NHTSA, 76 percent of fatal pedestrian crashes occur in the dark.
Our lawyers can investigate your pedestrian accident for signs of someone else’s negligence and gather evidence to help prove your case. We can then bring your insurance claim or personal injury lawsuit within the state’s deadlines. The Phoenix pedestrian accident attorneys at Gallagher & Kennedy are ready to defend your best interests and work to prove someone else’s financial responsibility for your damages.
Potential Compensation in a Phoenix Pedestrian Accident Case
A successful pedestrian accident claim could reimburse you for many economic and non-economic damages. If you or a loved one suffered a catastrophic injury to the spinal cord or brain, your case could end in a six- or seven-figure award to cover a lifetime of medical expenses. The potential value of your claim will depend on the type(s) and severity of the damages you suffered.
Economic damages compensate you for the financial losses your pedestrian accident in Phoenix caused, while non-economic damages provide financial compensation for any losses without a set monetary value.
For example, you may be eligible to claim compensation for:
- Medical bills
- Lost income
- Reduced earning potential
- Rideshare, taxi, public transportation, or carpooling costs if you can no longer travel by foot
- Rehabilitation or physical therapy
- Chiropractic care
- Mobility equipment (such as crutches, canes, scooters, or wheelchairs)
- Permanent disability
- Disfigurement or scars
- Significant physical pain and suffering
- Emotional costs, such as depression, difficulty sleeping, anxiety attacks, or post-traumatic stress disorder (PTSD)
- Reduced quality of life
Our Phoenix pedestrian accident lawyers can evaluate your claim and give you a fair estimate of its worth during a free, confidential consultation. An attorney will listen to your story, ask questions about the accident, and help you decide the best course of action for financial recovery, so you can move forward.
Wrongful Death in a Phoenix Pedestrian Crash
If you lost a loved one in a Phoenix pedestrian accident, our law firm wishes to express our deepest sympathies during this unimaginable time. Many pedestrian fatalities are preventable, which can make it even harder to cope with the loss.
As you and your family navigate this bereavement period and consider your legal options, we hope that you will allow us to fight for you. Our pedestrian accident attorneys serving Phoenix can file a wrongful death claim against the at-fault driver or the appropriate liable party.
In a wrongful death claim, your family may recover compensation for:
- Medical expenses
- Funeral, burial, or cremation costs
- Emotional suffering, such as grief, depression, stress, or shock
- Lost financial support
- Lost household services
- Loss of care, companionship, love, guidance, protection, etc.
Our law firm is honored to fight for grieving families who deserve justice. There’s nothing that can replace your loved one, but we hope to ease any financial and emotional burden caused by the careless acts of another.
Common Injuries in Phoenix Pedestrian Accidents
Pedestrian accidents often cause severe, multi-region injuries because the human body is unprotected against the force of a moving vehicle. Adults frequently suffer trauma to the head, legs, pelvis, and spine, and many victims face long recoveries or permanent disability.
Common adult pedestrian injuries include:
- Fractures to the legs, pelvis, knees, ribs, or hips
- Ligament tears and joint dislocations
- Deep cuts, abrasions, and soft-tissue damage
- Traumatic brain injuries (TBI)
- Spinal cord injuries or paralysis
- Neck and back injuries
- Nerve damage
- Crush injuries or, in severe cases, limb loss
Children are especially vulnerable because of their height, size, and limited ability to avoid impact. Pediatric pedestrian crashes often involve high-risk trauma, including:
- Traumatic brain injuries
- Chest and abdominal injuries
- Torn muscles, nerves, or ligaments
- Severe lacerations or internal damage
If you or a loved one suffered any of these injuries, a Phoenix pedestrian accident lawyer at Gallagher & Kennedy can help you pursue compensation for medical treatment, long-term care, lost income, and other damages. We work to ensure that injured pedestrians receive the resources needed to rebuild their lives.
Frequently Asked Questions About Pedestrian Accidents in Phoenix
1. What should I do immediately after being hit by a vehicle while walking?
Seek medical attention without delay—even seemingly minor injuries can worsen. Report the crash to law enforcement, gather witness details and photos of the scene if you’re able, and contact a Phoenix pedestrian accident lawyer before giving statements to insurers.
2. Can I still recover compensation if I was crossing outside of a crosswalk or at night?
Yes. While Arizona law requires pedestrians who cross outside marked crosswalks or against signals to yield to vehicles, injured pedestrians can still pursue compensation. Arizona’s pure comparative negligence system allows you to recover damages even if you are partly at fault — your award will simply be reduced by your percentage of fault.
3. What types of compensation can I claim after a pedestrian crash?
You may be entitled to reimbursement for past and future medical bills, rehabilitation and assistive care, lost wages and earning capacity, pain and suffering, disfigurement, and emotional distress. If the crash caused death, a wrongful death claim may also be an option.
4. How long do I have to file a pedestrian accident lawsuit in Arizona?
Most pedestrian accident injuries must be filed within two years under A.R.S. § 12-542. Claims involving municipal or governmental defendants may have shorter deadlines or require earlier notice. Consulting an attorney early ensures you meet all deadlines.
5. Who can be responsible for a pedestrian collision?
Liability may not be limited to the driver. Other possible responsible parties include ride-share companies, fleet or commercial vehicle owners, property or maintenance companies, and government entities responsible for lighting or infrastructure. A comprehensive investigation can uncover every avenue for recovery.
6. Do pedestrians always win their claims simply because they are more vulnerable?
No. While pedestrians are vulnerable and drivers have statutory duties, insurers often argue partial fault or challenge visibility, actions of the pedestrian or road conditions. That’s why working with a lawyer who understands how to counter those defenses is important.
Why Choose Gallagher & Kennedy for Your Pedestrian Accident Claim
Gallagher & Kennedy brings more than 275 years of combined experience to complex pedestrian injury cases, backed by a long record of successful results for injured clients and grieving families. Our team has recovered millions in compensation, including seven-figure settlements in cases involving distracted drivers, wrongful death, and catastrophic injuries. These results reflect more than financial recovery — they provide long-term security and peace of mind for the people who need it most.
We combine deep legal experience with the resources of a full-service Phoenix law firm. That means immediate access to investigators, medical experts, accident reconstructionists, financial analysts, and an in-house litigation team prepared to take on insurers, corporations, and municipalities. Opposing parties know we are willing to go to trial, which strengthens your position during negotiations.
Just as important, we approach every case with compassion. We understand the physical, emotional, and financial toll a pedestrian crash can take on a family, and we are committed to guiding you through the process with clarity and support.
Call Gallagher & Kennedy Today for Help With Your Pedestrian Accident Claim
Our Phoenix car accident lawyers are passionate about helping injured victims seek justice and fair compensation from negligent or reckless parties. We believe that legal action can help initiate real change in pedestrian safety across the state.
To learn more, contact us today at (602) 530-8400 for your free case review.