Pedestrian Laws in Arizona
Arizona Motorists and pedestrians need to know the following pedestrian laws:
- Pedestrians must quickly cross when signaled by a traffic signal once traffic has stopped – ARS 28-646
- When there is no pedestrian crossing signal at an intersection, pedestrians must follow the traffic control devices – ARS 28-791
- Drivers must yield the right-of-way to pedestrians in crosswalks on the same side of the street or in the opposite have but near enough that failing to stop would place the pedestrians in danger – ARS 28-792
- When pedestrians cross at unmarked intersections or anywhere else in the road, they must yield to oncoming traffic – ARS 28-793
- Drivers must exercise extra caution when they see disabled people or children on the street and must try to avoid hitting people and use their horns if necessary – ARS 28-794
- When crossing the street in a crosswalk, pedestrians should use the right side – ARS 28-795
- Pedestrians should use sidewalks where available. When there isn’t a sidewalk, a pedestrian should walk on the road’s shoulder facing oncoming traffic as to the side of the road as possible – ARS 28-796
- Drivers must obey school crossing zones when school is in session and should not travel at more than 15 mph when driving through them. If children are present, drivers must come to a complete stop and wait until they safely cross – ARS 28-797
Arizona Insurance Laws and Issues
Pedestrian accidents often result in severe injuries that might be permanently debilitating. These types of injuries come with expensive medical bills and ongoing treatment and rehabilitation costs, and an injured victim might also simultaneously lose their ability to work. Because of the nature of pedestrian collisions, some victims find that the insurance policies of the at-fault drivers do not have sufficient policy limits to cover their losses.
Arizona’s minimum liability insurance requirements are found in ARS 28-4009. Under this law, all motorists in Arizona must carry insurance with at least the following minimum liability coverage amounts:
- $25,000 in bodily injury for one victim
- $50,000 in bodily injury per accident for two or more victims
- $15,000 in property damage
When a pedestrian is struck by a car, the cost of treating their injuries can quickly exceed these minimum coverages. A secondary problem is that many Arizona motorists fail to carry auto insurance despite the mandatory requirements.
To combat these problems, people should purchase uninsured and underinsured motorists (UM/UIM) coverage at the time they buy their auto insurance policies. UM/UIM coverage will pay for the injuries people suffer in traffic collisions with uninsured motorists up to the victim’s UM/UIM policy limits. When someone is injured in an accident with an underinsured motorist, the UM/UIM coverage will kick in once the at-fault driver’s policy limits are reached and pay for the difference between those policy limits and the victim’s losses up to the policy limits. Even though an injured pedestrian is not in their vehicle at the time of an accident, they still have the right to file UM/UIM claims against their coverage.
Under ARS 20-259.01, UM/UIM coverage is optional, but auto insurers must offer it when they sell insurance policies. Even though you can choose not to purchase this additional coverage, it’s a smart idea to do so because of the large number of uninsured and underinsured drivers in Arizona.
Statutes of Limitation in Phoenix Pedestrian Accident Cases
People who are injured in pedestrian collisions and the families of those who are killed need to be aware of the various statutes of limitations that might apply to their cases. These are laws that set deadlines for filing lawsuits. If you don’t meet the relevant deadline in your case, you will be barred from pursuing legal remedies for your losses in court.
General Statute of Limitation
The general statute of limitation for all personal injury cases, including pedestrian accidents, is found in ARS 12-542(1). Under this statute, you must file a lawsuit no later than two years after the date of your accident. In practice, it’s much better to file a lawsuit as soon as possible after your collision to prevent critical evidence from being lost.
Wrongful Death Statute of Limitation
If your loved one was killed in a pedestrian accident, you need to follow the wrongful death statute of limitation. This law is found in ARS 12-542(2) and sets a two-year deadline for filing a claim after your loved one’s death. Note that the statute of limitations runs from the date of your loved one’s death instead of their accident. This means that if your loved one lived for a few weeks or months following their accident before they died from their injuries, you will have two years from the date of their death instead of the date of their accident to file a lawsuit.
Tolling of Statute of Limitation for Minors
For people under the age of 18 who are injured in pedestrian accidents, the general statute of limitation is tolled until they reach age 18. This is because minors are considered incompetent to file lawsuits. Under ARS 12-502, minors have until they turn age 20 to file personal injury claims. The statute of limitation does not begin to run until the minor’s 18th birthday.
Notice Requirement for a Claim Against a Public Employee
If the motorist who hit you was working within the scope and course of their employment with a public agency at the time of your accident, the deadlines are significantly shorter. Under ARS 12-821.01, you must file a notice that you intend to file a claim with the relevant governmental agency within 180 days of your accident. If you don’t file this notice, you won’t be able to file a lawsuit to recover compensation.
Lawsuit Against a Public Employee
In addition to the notice requirement, the statute of limitation for filing a claim against a government employee is also shorter. Under ARS 12-821, you have one year to file a lawsuit against the relevant agency following your accident.