Pedestrian and bicycle accident claims in Arizona

Who has the right of way at a crosswalk in Arizona?

The pedestrian, in most situations. Under A.R.S. § 28-792, a driver must yield, slowing or stopping if needed, to a pedestrian crossing within a marked or unmarked crosswalk on the driver's half of the roadway or approaching closely from the other half. The same statute tells pedestrians not to step suddenly into a vehicle's path.

Outside a crosswalk the duty to yield generally shifts to the pedestrian, which is why where you were crossing is usually the insurer's first question. The answer comes from the scene, the cameras, and the witnesses, not from the adjuster's assumption.

What rules apply to a cyclist hit by a car?

Arizona treats a bicycle on the roadway as a vehicle: a cyclist has the rights and duties of a driver. A.R.S. § 28-815 sets lane position, generally as close as practicable to the right edge when riding slower than traffic, with exceptions for passing, turning left, and avoiding hazards. Riding within those rules reframes fault from the start.

The insurer says I was jaywalking or riding outside the bike lane. Is my claim over?

No. Arizona follows pure comparative fault under A.R.S. § 12-2505: your recovery is reduced by your percentage of fault, but the claim survives even if you were mostly to blame. A driver still owes a duty to keep a lookout and avoid people in the road. The adjuster's fault split is an opening position, not a verdict.

The driver had little or no insurance, or drove off. What then?

Your own auto policy may respond. Uninsured and underinsured motorist coverage, which Arizona insurers must offer in writing under A.R.S. § 20-259.01, generally covers you as a person, including when you are hit on foot or on a bike, and uninsured coverage typically applies to a hit-and-run. A household member's policy may also extend to you.

How long do I have, and what if my child was the one hit?

Generally two years from the crash under A.R.S. § 12-542. If a public entity's crosswalk design, signal timing, or road may share fault, A.R.S. § 12-821.01 requires a notice of claim within 180 days and suit within one year. For a child's own claim, A.R.S. § 12-502 pauses the limitations period until the child turns 18.