Pedestrian Accident Lawyers In Phoenix

Every time you step off the curb in Phoenix, you trust that drivers will follow the rules. But too often, they do not — and the consequences for pedestrians are devastating. Unlike vehicle occupants who are surrounded by steel, airbags, and safety systems, a person on foot has no protection against a 4,000-pound car.

If you or a loved one was hit by a vehicle while walking in the Phoenix area, Leon Law, PLLC is here to fight for you. Attorney Jose Leon has spent over 14 years helping injured people and families across Maricopa County recover the compensation they deserve — and he handles every case on a contingency fee basis, meaning you pay nothing unless we win.

Call (480) 269-1083 now for a free case review, or fill out our free consultation form.

Why Pedestrian Accidents Are So Dangerous

Pedestrians are the most vulnerable people on any road. When a car, truck, or SUV strikes a person on foot, the results are often catastrophic — or fatal. There are no seatbelts, no crumple zones, and no airbags to soften the impact. The human body absorbs the full force of the collision.

Arizona’s pedestrian crash statistics paint a grim picture. According to the Arizona Department of Transportation (ADOT) 2024 Crash Facts:

• 263 pedestrian fatalities occurred statewide in 2024
• 1,912 pedestrians were injured in crashes
• 12.55% of all pedestrian-involved crashes were fatal — meaning roughly 1 in 8 pedestrian crashes results in a death
• In Phoenix alone, there were 265 fatal crashes across all categories, with pedestrian fatalities making up a significant share

These numbers confirm what common sense tells us: when a vehicle hits a person walking, the odds are stacked against the pedestrian.

Common Causes of Pedestrian Accidents in Phoenix

Phoenix’s wide, high-speed roads and sprawling layout create unique hazards for people on foot. The most common causes of pedestrian crashes in the Phoenix metro area include:

• Distracted driving — Drivers who are texting, scrolling, or otherwise not watching the road are the leading threat to pedestrians.
• Failure to yield at crosswalks — Arizona law (A.R.S. § 28-792) requires drivers to yield to pedestrians in crosswalks, yet many do not.
• Speeding — Higher speeds reduce reaction time and dramatically increase the severity of pedestrian injuries. A pedestrian struck at 40 mph has an approximately 85% chance of dying, compared to about 10% at 20 mph.
• DUI and impaired driving — Alcohol-related crashes account for 27.93% of all fatal crashes in Arizona, and many of those victims are pedestrians.
• Poor visibility and nighttime conditions — A large percentage of pedestrian fatalities occur after dark, especially on roads with poor lighting.
• Lack of sidewalks or crosswalks — Many Phoenix-area roads, particularly in older neighborhoods, lack adequate pedestrian infrastructure.
• Turning vehicles at intersections — Left-turning and right-turning drivers frequently fail to check for pedestrians in crosswalks.

Injuries Common in Pedestrian Crashes

Because the human body takes the full impact, pedestrian accident injuries are often severe and life-altering:

• Traumatic brain injuries (TBI) — A pedestrian’s head often strikes the vehicle or the pavement, causing concussions, skull fractures, or severe brain injuries.
• Broken bones and fractures — Leg, hip, pelvis, arm, and rib fractures are extremely common in pedestrian collisions.
• Spinal cord injuries — The violent impact can damage the spinal cord, potentially leading to partial or full paralysis.
• Internal organ damage and internal bleeding — Blunt-force trauma can rupture organs, requiring emergency surgery.
• Severe road rash and soft tissue damage — Being thrown or dragged across pavement causes painful, infection-prone wounds.
• Wrongful death — Too many pedestrian accidents in Arizona end in fatal outcomes.

Arizona Pedestrian Laws and Right-of-Way Rules

Understanding Arizona’s pedestrian statutes is critical to any pedestrian accident claim:

• A.R.S. § 28-792 (Right-of-Way at Crosswalks): Drivers must yield to pedestrians in marked or unmarked crosswalks. However, pedestrians may not suddenly leave a curb and walk into the path of an approaching vehicle that is too close to stop.
• A.R.S. § 28-793 (Crossing Outside a Crosswalk): A pedestrian crossing outside of a crosswalk must yield the right-of-way to vehicles. However, this does not absolve a driver from exercising due care to avoid hitting a pedestrian.
• A.R.S. § 28-796 (Pedestrians on Roadways): Where sidewalks are provided, pedestrians must use them. Where no sidewalks exist, pedestrians should walk on the left side of the road, facing traffic.

Even when a pedestrian violates one of these rules, Arizona’s comparative negligence system may still allow recovery of damages.

Liability in Phoenix Pedestrian Accident Cases

Determining who is at fault in a pedestrian crash requires a thorough investigation. Liability may fall on:

• The driver — for speeding, distracted driving, DUI, running a red light, or failing to yield.
• A government entity — Cities, counties, or the state may be liable if unsafe road design, missing crosswalks, broken signals, or inadequate lighting contributed to the crash. Note: claims against government entities require a notice of claim within 180 days under A.R.S. § 12-821.01.
• A third party — Employers of negligent drivers, vehicle manufacturers (if a defect contributed), or construction companies that created road hazards.

Comparative Negligence — Even If You Were Jaywalking

Arizona follows a pure comparative negligence system under A.R.S. § 12-2505. This means you can still recover compensation even if you were partially at fault — for instance, if you were crossing outside a crosswalk. Your award is reduced by your percentage of fault, but you are not barred from recovery.

Example: If you suffered $200,000 in damages but were found 20% at fault for jaywalking, you could still recover $160,000.

Types of Compensation for Pedestrian Accident Victims

If you were hit by a vehicle while walking, you may be entitled to compensation for:

• Current and future medical expenses (emergency care, surgery, rehabilitation, ongoing treatment)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of enjoyment of life
• In fatal cases, your family may pursue a wrongful death claim for funeral costs, loss of companionship, and more

Steps to Take After Being Hit as a Pedestrian

If you are struck by a vehicle, your health comes first — but these steps can also protect your legal rights:

1. Call 911 immediately — Request police and medical assistance, even if your injuries seem minor.
2. Stay at the scene — Do not leave until police have documented the crash.
3. Get the driver’s information — Name, insurance, license plate, and vehicle description.
4. Document the scene — Take photos of the intersection, your injuries, vehicle damage, traffic signals, and any skid marks.
5. Get witness contact information — Bystanders can provide critical testimony.
6. Seek medical treatment right away — Some injuries, especially brain injuries, may not be immediately apparent.
7. Do not give recorded statements to the driver’s insurance company without legal guidance.
8. Contact a pedestrian accident lawyer — Call Leon Law at (480) 269-1083 to protect your claim from the start.

Arizona’s Statute of Limitations

Under A.R.S. § 12-542, you generally have two years from the date of your pedestrian accident to file a personal injury lawsuit in Arizona. If a loved one was killed, the wrongful death statute of limitations is two years from the date of death. Missing this deadline can permanently bar your claim.

For claims involving government entities (such as a city responsible for a dangerous road), you must file a notice of claim within 180 days under A.R.S. § 12-821.01 — far shorter than the standard deadline.

Do not wait. The sooner you contact a lawyer, the better your chances of preserving crucial evidence.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Arizona?

Under A.R.S. § 12-612, a wrongful death lawsuit may be filed by the surviving spouse, children, parents, or legal guardian of the deceased. If none of these individuals are available or willing to file, the personal representative of the estate may bring the claim on behalf of eligible beneficiaries. The lawsuit benefits all statutory family members regardless of who initiates it.

How long do I have to file a wrongful death claim in Arizona?

The statute of limitations under A.R.S. § 12-542 is two years from the date of death. If the wrongful death involved a government entity, you must also file a formal Notice of Claim within 180 days of the incident (A.R.S. § 12-821.01). Missing either deadline can permanently bar your family’s claim.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates surviving family members for their losses — lost income, companionship, and grief. A survival action (A.R.S. § 14-3110) compensates the deceased’s estate for losses the deceased endured before death, such as medical bills and pain and suffering. Both claims can be pursued simultaneously. Leon Law can evaluate which avenues are available for your family.

Can I file a wrongful death lawsuit if there is also a criminal case?

Yes. A civil wrongful death case is entirely separate from criminal proceedings. The civil case has a lower standard of proof (“preponderance of evidence” vs. “beyond a reasonable doubt”), which means your family may recover compensation even if the defendant is not convicted criminally.

What compensation can my family receive in a wrongful death case?

Recoverable damages may include medical expenses incurred before death, funeral and burial costs, lost income and future earnings, loss of love and companionship, emotional pain and suffering, and in some cases, punitive damages. The total value depends on the specific facts of your case. Leon Law provides a free case evaluation to help your family understand what may be available.

Do I need to pay upfront for a wrongful death attorney?

No. Leon Law handles all wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. This arrangement ensures that grieving families can access experienced legal representation without financial risk during an already difficult time.