Is Jaywalking Illegal in Arizona?

In Arizona, questions about jaywalking come down to when and where crossing the street is considered illegal. While the act itself is not always deemed as a violation, crossing can still result in citations or liability if an accident happens. Understanding how Arizona defines pedestrian responsibility and how reasonable care applies to both pedestrians and drivers will help ensure safety and accountability for all parties sharing the road.

What Is Jaywalking?

Jaywalking is when a person crosses a street outside of a crosswalk or against traffic control signals. It usually happens when someone wants to take shortcuts instead of using designated crossings. Such conduct can be dangerous as it may put pedestrians at risk of serious injuries. For instance, if they abruptly step into the road, it will limit a driver’s ability to react promptly, ultimately leading to accidents.

Does Arizona Have a Jaywalking Law?

Arizona does not use “jaywalking” in its statutes. But, the state’s pedestrian laws make it clear that certain types of road crossings are prohibited. Under Arizona law (ARS §§ 28-792, 28-793, and 28-796), pedestrians will need to obey traffic control signals, use a marked crosswalk at adjacent intersections controlled by traffic signals, and yield to oncoming vehicles when crossing the road.

Although crossing outside a designated crosswalk is not automatically considered illegal in Arizona, it becomes unlawful when a pedestrian does not yield to vehicles, disobeys traffic signals, or crosses between adjacent intersections with functional lights. In such cases, law enforcement officers may issue citations to those who go against these rules. People who do not follow traffic laws can also share responsibility if a pedestrian accident occurs.

Is Jaywalking a Crime in AZ?

Jaywalking is a civil traffic offense, not a criminal act. But, crossing the street outside of legal limits under state and local laws can involve serious consequences. The Arizona Department of Transportation (ADOT) highlights that marked crosswalks signify to drivers to yield to pedestrians. This demonstrates the importance for both parties to follow traffic laws to ensure safety, especially at intersections with no signals available.

If a driver hits a pedestrian who illegally crosses between adjacent intersections, the injured pedestrian may still recover a portion of their damages under the state’s pure comparative negligence rule. It may be challenging for them to secure a large amount, but it is not impossible, especially if it can be proven that the driver was negligent, as well. A pedestrian accident lawyer can go over your rights and legal options if you are planning to pursue legal action in the aftermath of an accident.

In What States Is Jaywalking Legal?

Jaywalking laws are unique for each state. While it is not entirely illegal in most regions, enforcement will differ based on local regulations. Some states, like California, have a more lenient approach, allowing pedestrians to cross outside a designated crosswalk only when it is safe to do so (California Vehicle Code § 21955). 

But, under Arizona’s pedestrian laws, people who travel on foot must use pedestrian signals, pedestrian tunnels, or overhead pedestrian crossings when available. Failing to do so can affect how liability is determined in a pedestrian accident claim. Since each state has its own set of rules, it is important for Arizona residents and visitors to know these regulations before crossing roads in unfamiliar areas.

Do Pedestrians Have a Right of Way in AZ?

Pedestrians do have the right of way in Arizona. But, the specifics will depend on where and how they cross. Under ARS § 28-792, drivers are required to yield to pedestrians who are crossing within a marked crosswalk or an unmarked crosswalk at an intersection. But, pedestrians must also follow traffic control signals and cannot abruptly leave the curb and walk into the path of a vehicle that cannot make a safe stop (ARS § 28-793).

In areas where a pedestrian tunnel or overhead pedestrian crossing is provided, ARS § 28-793(B) requires pedestrians to use those designated pathways rather than crossing through traffic. In addition, ARS § 28-796 makes it unlawful for pedestrians to cross between adjacent intersections that are both controlled by traffic signals, except when using a marked crosswalk.

Simply put, pedestrians usually do have the right of way at intersections and crosswalks. But, not when crossing mid-block or against traffic signals. When a pedestrian accident occurs, fault will be determined based on whether the driver and pedestrian complied with traffic laws.

What Happens if You Hit a Jaywalker in Arizona?

If a driver hits a pedestrian who was jaywalking, a pedestrian accident claim may be filed against them. In such cases, determining fault will require the affected individual to gather evidence that can help demonstrate the elements of negligence:

• The defendant had a legal obligation to act with reasonable care.
• The defendant failed to meet that standard of care.
• The defendant’s breach of duty ultimately caused bodily harm.
• The plaintiff suffered actual losses as a result.

Under the state’s pure comparative negligence system, all parties will be assessed to establish accountability and how much compensation is owed. The injured pedestrian may be entitled to damages even if they contributed to the incident. The amount awarded will be adjusted in accordance with the pedestrian’s percentage of fault. For instance, if a court finds that the pedestrian is 40% liable, compensation may be reduced by 40%.

Even if the pedestrian was jaywalking at the time of impact, the driver still has a duty of care to operate their vehicle safely (ARS § 28-794). If they were found speeding, distracted, or performing other types of negligent behavior that goes against traffic laws, they will share a percentage of fault for the pedestrian accident.

What Happens if a Jaywalker Dies?

If pedestrian fatalities occur as a result of a jaywalking accident, the deceased person’s surviving family members have the right to file a wrongful death claim under ARS § 12-612. State laws strictly limit who can bring a lawsuit, specifically allowing the closest surviving relatives to pursue legal action. Such a claim can only be filed by the:

• Spouse
• Children (biological and adopted)
• Parents or guardian
• Personal representative of the deceased’s estate

A wrongful death claim will compensate the survivors for the losses they endured as a result of the death. Arizona’s law, in this case, will not cap the amount of recoverable damages, which may include medical bills, funeral and burial costs, loss of financial support, and emotional distress.

What Is the Most Important Rule for Pedestrians?

The most important rule for pedestrians is to walk safely while obeying traffic laws. When walking alongside a roadway without sidewalks, pedestrians should walk on the left side of the road and face traffic (ARS § 28-796(B)). This will allow them to see oncoming vehicles and react promptly to potential hazards, especially if they are near high speed roads, like 7th Street or Camelback Road.

Pedestrians should never assume they are visible to drivers, which is why extra caution is needed when approaching intersections, driveways, or any place that has limited visibility. Reflective clothing is encouraged to improve recognition by drivers.

If a stopped vehicle is yielding to a pedestrian, it is important not to cross right away until making sure that other vehicles in adjacent lanes have also stopped, especially if you are near a multi-lane street, like Thomas Road or Bell Road. Most pedestrian accidents happen when a driver stops for you, but other vehicles in different lanes do not. Following this rule will protect you from being struck by oncoming vehicles.

While pedestrians have specific legal rights, they also have their own responsibilities they need to maintain to ensure their safety. Be sure to stay alert of your surroundings, walk on the left side facing traffic, and remain aware of road conditions. These are some of the most effective ways to prevent injuries when going out for a walk in Phoenix and surrounding areas.

What Happens if You Hit a Pedestrian and They Walk Away?

If you hit a pedestrian and they walk away, you are legally required to stop and have the incident reported even if the affected individual seems unscathed. Under ARS §§ 28-661 and 28-663, any driver involved in a car accident that involves injury or death will need to immediately stop, remain at the accident scene, and be cooperative by sharing information. Ignoring these obligations can result in hit-and-run charges, even if the pedestrian is the one who walks away.

In addition, a personal injury claim could be filed later, especially if the injured pedestrian experiences delayed symptoms. Documenting the situation will protect your rights and theirs, as well. It is also important to get in touch with your insurance company and speak to an Arizona pedestrian accident lawyer for further guidance.

Involved in a Pedestrian Accident? Contact West Coast Trial Lawyers Today

Getting into a pedestrian accident while jaywalking can result in serious physical, emotional, and financial hardships. At West Coast Trial Lawyers, our Arizona personal injury attorneys, including those at our Phoenix office, know how stressful the recovery process can be, especially when you are met with medical expenses and lost income after the incident. 

Even if you were crossing outside of a crosswalk, you could still have the right to pursue compensation if negligent drivers did not exercise reasonable care. We are here to listen, provide support, and work to ensure that all responsible parties are held liable for their actions. 

Our legal team will handle all legal aspects of your pedestrian accident claim so you can focus on healing without added stress. To book a FREE consultation today, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form.