Arizona boasts a group of highly active residents. Many will bike or walk to work, the store, and just around town.
To protect pedestrians, Arizona has created various statutes that outline not only a pedestrian’s rights but how vehicles are to treat pedestrians when sharing the roads.
Anyone injured by a vehicle while walking on the streets of Arizona should consult with a Gilbert personal injury attorney. An attorney can review their case and possibly retrieve compensation on their behalf.
The Rights of the Pedestrian
In most automobile versus pedestrian accidents, the pedestrian has the right of way. While there are instances a pedestrian may not be the victim, it is safe to assume that pedestrians are not jumping in front of vehicles.
A driver is required to stop and yield the right of way to a pedestrian when they are crossing in a designated crosswalk. Under Arizona Statute Section 28-792, the vehicle cannot cross through the crosswalk until the pedestrian is at the halfway point either.
Furthermore, a vehicle exiting an alley or parking garage must look for pedestrians on the sidewalks, because pedestrians have the right of way on a sidewalk, while vehicles do not.
When Does a Pedestrian Yield their Right of Way?
Per Statute Section 28-793, a pedestrian that crosses without a marked crosswalk or in an unmarked instruction yields the right of way to all vehicles. That means that they cannot pass until it is safe, and if they were to cause an accident, the pedestrian (not the driver) would be at fault.
Furthermore, Arizona Statute Section 28-796 prohibits pedestrians from walking along or upon the roadway. If there are no sidewalks, a pedestrian can walk along the road, but only on the shoulder and face traffic from the opposite direction.
Lastly, a pedestrian must follow all traffic signals. Even if crossing in a designated crosswalk, a pedestrian is liable in an accident case if they pass without a “walk” or green indication to cross.
Importance of Hiring a Gilbert Personal Injury Attorney
Determining fault in a pedestrian and automobile accident is not always as clear as one would think. In fact, there are times that the driver’s insurance company might try to place some or all the fault on the pedestrian.
Therefore, anyone injured in an automobile-versus-pedestrian accident should contact a Gilbert personal injury attorney from Tobler Law.
Our attorneys have vast experience handling personal injury claims and understand the complexities of these cases. We have represented numerous pedestrians who were injured by motor vehicle collisions, and we know the costs that come with such tragic accidents and severe injuries.
Contact an attorney regarding your accident today for a free consultation at 480-898-9700 or request more information online.