What to Do After a Pedestrian Accident in Arizona

Pedestrian accidents can cause life-changing injuries in an instant. According to the NHTSA, over 7,000 people lost their lives in fatal pedestrian accidents nationwide in 2024.

The steps you take immediately afterward can protect both your health and your legal rights. At Zanes Law, we’ve helped pedestrian accident victims throughout Phoenix, Tucson, and the surrounding Arizona communities understand their options after being injured.

If you’re looking for what to do after a pedestrian accident, we’ll go over the right steps to take to protect your health and your rights.

What to Do Immediately After Being Hit by a Car

The first few hours after a pedestrian accident are critical. Knowing what to do after a car accident can help protect your health while preserving important evidence for any future insurance claims.

Here’s a quick look at the basic steps you should take:

Step 1: Call 911 and Stay at the Scene

After an accident, adrenaline can hide symptoms of serious injuries such as traumatic brain injuries, internal bleeding, or fractures that may not become obvious until hours later. Calling 911 and seeking emergency medical care right away protects both your health and your claim.

Arizona law also requires drivers and pedestrians in an accident to stop and remain at the scene. If someone is injured, law enforcement will investigate the collision and prepare an official accident report, which often becomes an important piece of evidence during the claims process. If a party flees, this could be considered a hit-and-run.

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Step 2: Document the Scene and Exchange Information

If you’re physically able, gather as much evidence as possible before leaving the scene. This includes taking photos of the vehicle, license plates, your injuries, crosswalk markings, and other potential evidence. You can also gather any nearby traffic camera footage.

In addition to collecting evidence, you’ll also need to exchange contact information with the other parties involved. This includes your name, phone number, insurance information, and your driver’s license information.

Step 3: Seek Medical Attention the Same Day

Even if you walked away from the accident, visit an emergency room or urgent care center the same day. Delaying treatment creates gaps in your medical records that insurance companies often use to argue your injuries were unrelated to the crash.

Doctors may run tests to check for serious injuries such as:

• Traumatic brain injuries
• Internal bleeding
• Broken bones
• Spinal injuries
• Soft tissue damage

Who Is Liable When a Pedestrian Is Hit by a Car?

Many people assume every pedestrian accident is automatically the driver’s fault. In reality, Arizona law looks at the specific facts of each collision.

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Arizona’s Pedestrian Right-of-Way Laws

Under A.R.S. § 28-792, drivers generally must yield to pedestrians who are lawfully crossing in marked or unmarked crosswalks. At the same time, A.R.S. § 28-793 states that pedestrians cannot suddenly leave the curb and enter the path of a vehicle that is too close to stop safely.

For example, a pedestrian crossing at an unmarked intersection may have the right of way, while someone crossing mid-block outside a crosswalk could share some responsibility for the collision.

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Arizona’s Comparative Fault Rule and How It Affects Your Claim

Arizona follows a pure comparative fault system. This means you may still recover compensation even if you were partially responsible for the accident.

For example, if your damages total $100,000 but you’re found 20% at fault for crossing outside a crosswalk, you could still recover $80,000.

Insurance companies often argue that pedestrians share blame to reduce payouts. An experienced attorney can review the evidence and challenge unfair fault assessments.

What Happens to the Driver Who Hit a Pedestrian?

What happens if you accidentally hit someone with your car? Drivers who strike pedestrians may face both civil and criminal consequences.

A pedestrian may file a personal injury claim seeking compensation for medical expenses, lost income, and other damages. Separately, the driver could face criminal penalties if the collision involved reckless driving, distracted driving, speeding, DUI, or leaving the scene.

Mistakes That Can Hurt Your Pedestrian Accident Claim

The decisions you make after a pedestrian accident can have a major impact on your health and your ability to recover compensation. Insurance companies often look for reasons to reduce or deny claims, so avoiding these common mistakes can help protect your case:

• Accepting the driver’s offer to handle the accident privately: A driver may offer cash and ask you not to call the police, but injuries often worsen over the next few days. Without an official accident report, proving fault can be much more difficult.
• Not calling 911 because you feel okay: Adrenaline can mask symptoms of serious injuries like concussions, internal bleeding, and fractures. Calling 911 and seeking medical attention creates important documentation that supports both your recovery and your claim.
• Giving a recorded statement to the other driver’s insurance company: The at-fault driver’s insurer may contact you soon after the accident, but you’re generally not required to provide a recorded statement. Speaking before you fully understand your injuries or legal rights could hurt your claim.
• Waiting to seek medical treatment: Delaying medical care gives insurance companies an opportunity to argue that your injuries weren’t serious or weren’t caused by the accident. Seeing a doctor the same day helps establish a clear connection between the crash and your injuries.
• Missing Arizona’s filing deadline: Under A.R.S. § 12-542, most pedestrian accident victims have 2 years to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation. If a government vehicle was involved, additional notice requirements may apply much sooner.

What Compensation Can a Pedestrian Accident Victim Recover?

Every pedestrian accident is different, so your compensation depends on the specific facts of your case. During your free consultation, an attorney can evaluate the damages available to you.

These damages can include:

Economic Damages

These are financial losses that can be documented with bills or records, such as:

• Medical expenses, including future treatment
• Lost wages during recovery
• Reduced earning capacity if injuries prevent you from returning to work
• Rehabilitation and physical therapy costs
• Property damage, such as a damaged phone, bicycle, or other personal belongings

Non-Economic Damages

Some losses can’t be measured with receipts but are still significant. These may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium for a spouse, when applicable

The value of these damages depends on the severity of your injuries and how they affect your daily life.

When to Contact a Pedestrian Accident Attorney

Not every pedestrian accident requires legal representation, but certain situations make it especially important to speak with an attorney.

Consider contacting a lawyer if:

• You’ve been hospitalized or need ongoing medical treatment.
• The insurance company has contacted you with a settlement offer.
• Fault for the accident is being disputed.
• The driver was uninsured or underinsured.
• The accident involved a city, county, or state vehicle.

If you or a loved one has been injured by a vehicle, contact Zanes Law for a free, no-obligation consultation. Our Phoenix pedestrian accident lawyers have spent more than 20 years helping Arizona families understand their rights and pursue the compensation they deserve after a serious accident. We’ll review your case, answer your questions, and help you decide on the best path forward.

FAQs

How long do I have to file a pedestrian accident claim in Arizona?

Under A.R.S. § 12-542, you generally have 2 years from the date of the accident to file a personal injury lawsuit. If a government vehicle was involved, additional notice requirements may apply within 180 days.

What if the driver who hit me doesn’t have insurance?

You may be able to file a claim under your own uninsured motorist (UM) coverage if your policy includes it. An attorney can also investigate whether other parties may share liability.

Do I have to give a statement to the other driver’s insurance company?

No. You aren’t required to provide a recorded statement to the at-fault driver’s insurance company. In fact, speaking with an attorney first can help protect your rights.

Can I still recover compensation if I was partially at fault?

Yes. Arizona follows a pure comparative fault rule, meaning you may still recover damages even if you share responsibility. However, your compensation is reduced by your percentage of fault.

What if the accident happened in an unmarked crosswalk?

Arizona recognizes unmarked crosswalks at many intersections. Drivers may still have a duty to yield to pedestrians in these locations, and whether the crosswalk was marked or unmarked doesn’t automatically determine fault. Understanding the facts of the accident is essential when evaluating liability.

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