On this page
If a vehicle hit you while you were walking, you need a Phoenix pedestrian accident lawyer who will stand up to the insurance company. A pedestrian has no seat belt, no airbag, and no metal frame. The injuries are often serious, and the bills come fast. This page is for injured pedestrians and their families in Phoenix, Tempe, Chandler, Gilbert, and Mesa. It covers what to do after the crash, the Arizona laws that shape your claim, the evidence that matters, and how Kent Law fights for you. Call (480) 359-KENT for a free case review.
What to do after a pedestrian accident in Phoenix
If you were hit by a car while walking in Phoenix, these steps protect your health and your claim.
- Get to safety and call 911. Move out of traffic only if you can do it safely. If you can't move, stay still and wait for help. Tell the dispatcher a pedestrian was hit.
- Get medical care the same day. A pedestrian takes the full force of the vehicle, and injuries are often serious. Some injuries don't show symptoms right away. Go by ambulance or get to an emergency room or urgent care the same day. Then follow your doctors' instructions.
- Get the driver's information. Write down the driver's name, phone number, license plate, and insurance company. If the driver leaves, note the plate, the vehicle's make, model, and color, and which way it went.
- Take photos of the scene. Photograph the crosswalk or the spot where you were hit, the traffic signals, the streetlights and lighting, the vehicle and its damage, and your injuries. If you can't, ask someone you trust to do it.
- Get witness names. People who saw the crash can matter a lot if the driver later blames you. Get their names and phone numbers before they leave.
- Look for cameras. Nearby businesses, buses, light rail stops, and doorbell cameras may have recorded the crash. Footage can be recorded over, so act quickly.
- Get the police report. Phoenix Police handle crashes on city streets. Arizona DPS handles crashes on state highways and freeways. Ask the officer for the report number.
- Keep your clothes and shoes. Don't wash or throw away what you were wearing. Your clothing and shoes can help show how and where you were hit. Store them in a bag.
- Call us before any recorded statement. The driver's insurer may call you fast. Your own insurer may ask for a statement too. Call Kent Law at (480) 359-KENT before you give a recorded statement to any insurance company, including your own. Your policy may require you to cooperate with your own insurer, and we help you handle it the right way.
Arizona laws that affect your claim
Arizona law sets rules for drivers and for people on foot. Here is what matters most for an injured pedestrian.
Drivers must yield to pedestrians in a crosswalk. Under A.R.S. § 28-792, drivers generally must yield to a pedestrian crossing in a crosswalk.
Pedestrians outside a crosswalk generally must yield. Under A.R.S. § 28-793, a pedestrian crossing outside a crosswalk generally must yield to vehicles. That does not mean you lose your case. It means fault may be shared.
Drivers must always use due care. A.R.S. § 28-794 requires drivers to use due care to avoid hitting a pedestrian. That duty applies whether you were in a crosswalk or not, and whether it was day or night.
Partly at fault? You may still recover. Arizona follows pure comparative fault (A.R.S. § 12-2505). If you were partly at fault, for example by crossing midblock or against a signal, your damages are reduced by your share of fault. In most cases, they are not wiped out. If you were found 20% at fault, you could still recover 80% of your damages. Insurers know this rule. That is why they work so hard to blame the pedestrian. We push back with evidence. There are exceptions, such as A.R.S. § 12-711 for some alcohol- or drug-related situations, so talk to us about your facts.
Deadlines are strict. Most injury lawsuits in Arizona generally must be filed within 2 years (A.R.S. § 12-542). Claims against a city, county, or the state move faster. A notice of claim is generally required within 180 days (A.R.S. § 12-821.01), and the lawsuit generally must be filed within 1 year (A.R.S. § 12-821). These shorter deadlines can apply if you were hit by a city bus, a city truck, or a government employee driving on the job.
Your own policy may help. Arizona insurers must offer uninsured and underinsured motorist (UM/UIM) coverage in writing, though drivers can decline it (A.R.S. § 20-259.01). If you carry UM/UIM or medical payments (med-pay) coverage, your own auto policy may help pay for your injuries even though you were walking, not driving. Learn more about uninsured and underinsured motorist claims.
When a crash takes a life. Arizona's wrongful death laws (A.R.S. §§ 12-611 to 12-613) may allow a claim when a pedestrian is killed. Our page on wrongful death claims explains more.
Common types of pedestrian accident cases
Arizona had 2,079 pedestrian crashes in 2024. Those crashes killed 263 pedestrians and injured 1,912 more, and 12.55% of them were fatal (ADOT, 2024 Arizona Motor Vehicle Crash Facts, p. 42). Pedestrians were 21.42% of all traffic deaths in the state, about one in five (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 7-3). Across all crashes statewide, 1,228 people were killed and 54,426 were injured in 121,107 crashes (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 1-1).
Crosswalk and intersection crashes
A driver turning left or right looks for cars and misses the person in the crosswalk. Or a driver runs a red light. In Arizona, 93.75% of pedestrian crashes happened in urban areas (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 7-2). Most of our crash cases happen on city streets and at intersections, where right-of-way rules matter most.
Crashes after dark
Of the 261 fatal pedestrian crashes in Arizona in 2024, 200 happened in the dark, compared with 34 in daylight (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 7-7). Drivers still have to watch for pedestrians at night. Streetlights, headlights, and the driver's speed can all affect who is at fault. Insurers may argue you were hard to see. We look at what the driver could and should have seen.
Midblock crossings near transit, campus, and downtown
Foot traffic is heavy around downtown Phoenix, Arizona State University in Tempe, light rail stops, and bus stops. People cross midblock to catch a train or a bus. If you were hit outside a crosswalk, you may still have a claim. Fault may be shared, and the driver still had a duty to use due care. If you need a Tempe pedestrian injury lawyer, we serve Tempe from our Phoenix office.
Parking lot and shopping center crashes
Shopping centers and parking lots across the East Valley are full of people on foot. Drivers back up, cut across lanes, and hunt for spaces. A driver who isn't watching can still cause serious injuries.
Hit-and-run crashes
Sometimes the driver doesn't stop. That doesn't end your case. Your own uninsured motorist coverage may still help. Read more about hit-and-run accident claims.
Evidence and damages
Insurers often try to put the blame on the pedestrian. They may say you stepped out suddenly, wore dark clothes, or crossed against the light. We answer with evidence.
Evidence we gather
- The police report and any crash diagrams
- Video from businesses, buses, light rail stops, and doorbell cameras
- Photos of the scene, the crosswalk, the signals, and the lighting
- Statements from witnesses
- Vehicle damage, which can show where and how you were hit
- Evidence of the driver's speed
- The clothes and shoes you were wearing
- Your medical records and bills
- Analysis from crash reconstruction experts and other expert witnesses when a case needs them
Damages you may be able to recover
Common pedestrian injuries include broken bones, head and brain injuries, spinal injuries, and internal injuries. If you or a loved one suffered a head injury, see our page on traumatic brain injury claims.
Depending on your case, you may be able to recover:
- Medical bills
- Future medical care
- Lost wages
- Lost earning capacity if you can't go back to the same work
- Pain and suffering
- Property damage, such as a phone or other belongings damaged in the crash
Every claim is different. What a case is worth depends on your injuries, the evidence, and the insurance available.
How Kent Law handles pedestrian accident cases
The insurance company has adjusters and lawyers working to pay you as little as possible. We fight just as hard for you, for every penny of compensation you deserve. We don't back down, and we're ready to take your case to trial.
We move from day one to preserve evidence, so the insurer has to take your claim seriously. Jonathan Henry, our Managing Attorney, has extensive trial experience. Adam C. Kent founded Kent Law in 2011. He has practiced in Arizona since 2006 and started his career as a prosecutor with the Maricopa County Attorney's Office. Attorney Andrew Shaver rounds out our team.
Here is what that approach has produced:
- Kent Law recovers millions of dollars for injured clients every year.
- We have handled thousands of injury cases.
- We handle negotiated settlements, mediation, arbitration and trial.
- We take on denied and stalled claims, including cases already at the litigation stage.
- Some insurance adjusters and defense attorneys have hired Kent Law for their own injury cases.
Past results do not guarantee a similar outcome.
Where your case is filed depends on court rules and the facts, such as where the crash happened and where the parties live. Phoenix-area and East Valley cases are usually filed in Maricopa County Superior Court, and we regularly file in Pima and Pinal counties too.
We have one office, in the Ahwatukee area of Phoenix, and we serve Tempe, Chandler, Gilbert, and Mesa from there. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video.
What it costs
Kent Law handles pedestrian accident cases on a contingency fee. No fee unless we win. Your case review is free. Before you sign anything, we explain the written fee agreement so you know exactly how it works.
Talk with a Phoenix pedestrian accident lawyer
You were just walking. Now you're dealing with injuries, bills, and an insurance company looking for a reason to pay less. You don't have to face that alone. Call Kent Law at (480) 359-KENT. Free case review. No fee unless we win.
Se habla español. Interpretation is always available.
Frequently asked questions
Can I still recover if I wasn't in a crosswalk?
Possibly. Pedestrians crossing outside a crosswalk generally must yield to vehicles, but drivers must still use due care to avoid hitting anyone on foot. Arizona uses pure comparative fault. If you were partly at fault, your damages are reduced by your share of fault, generally not wiped out. The evidence decides how fault is split. We gather video, witness statements, lighting details, and vehicle damage to push back when the insurer blames you.
What if the driver who hit me drove away?
A hit-and-run does not end your case. Report the crash to police right away and give them every detail you remember about the vehicle and the driver. If the driver is never found, your own uninsured motorist (UM) coverage may still help pay for your injuries, even though you were walking. We look for video and witnesses that could identify the driver, and we review your policy for coverage.
Will my own car insurance help if I was hit while walking?
It may. If you carry uninsured or underinsured motorist (UM/UIM) coverage or medical payments (med-pay) coverage, your own auto policy may help even though you weren't driving. Arizona insurers must offer UM and UIM coverage in writing, but drivers can decline it. Your policy may require you to cooperate with your own insurer. Call us before you give a recorded statement to any insurer, including your own.
How long do I have to file a pedestrian accident claim in Arizona?
Most injury lawsuits in Arizona generally must be filed within 2 years. Claims against a public entity or public employee move much faster: a notice of claim is generally required within 180 days, and the lawsuit generally must be filed within 1 year. That can apply if you were hit by a city bus, a city truck, or a government employee driving on the job. Call early so no deadline passes.
Do I need a lawyer for a pedestrian accident?
Pedestrian injuries are often serious, and the insurance company has adjusters and lawyers working to pay as little as possible. They may argue you stepped into traffic or were hard to see. A lawyer gathers the evidence, deals with the insurers, tracks the deadlines, and fights for every penny of compensation you deserve. Kent Law handles the adjusters so you can focus on healing. The case review is free.
How much does it cost to hire Kent Law?
Kent Law handles pedestrian accident cases on a contingency fee. No fee unless we win. Your case review is free, so you can learn where you stand before you decide anything. If you hire us, we explain the written fee agreement before you sign so you understand exactly how it works. Call (480) 359-KENT to get started.
Can you meet with me if I'm still in the hospital?
Yes. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video. We serve Phoenix, Tempe, Chandler, Gilbert, and Mesa from our one office in the Ahwatukee area of Phoenix. Spanish-speaking staff are available, and interpretation is always available.
Sources
This page is general information, not legal advice. Every case is different.