"The pedestrian was jaywalking" is the first thing insurance adjusters say in almost every mid-block pedestrian case — usually as if it ends the conversation. In Arizona, it doesn't.
What Arizona law actually says about crossing the street
Arizona's pedestrian statutes draw the lines this way:
- In a crosswalk (marked, or the unmarked crosswalk that legally exists at most intersections): drivers must yield to the pedestrian (A.R.S. § 28-792).
- Outside a crosswalk: the pedestrian must yield the right-of-way to vehicles (A.R.S. § 28-793). Crossing mid-block generally isn't a criminal offense statewide — though some cities have their own ordinances — but it does shift the yield obligation onto the pedestrian.
- Always, everywhere: drivers must "exercise due care to avoid colliding with any pedestrian" (A.R.S. § 28-794). This duty exists regardless of where the pedestrian was or who had the right-of-way. A driver who was speeding, texting, or simply not looking cannot hide behind a crosswalk line.
Comparative fault: jaywalking reduces recovery, it doesn't erase it
Arizona follows pure comparative fault (A.R.S. § 12-2505). Fault gets divided in percentages, and an injured person recovers damages reduced by their own share — even if their share is large. A pedestrian found 40% at fault for crossing mid-block still recovers 60% of their damages. There is no cutoff.
That framework changes how these cases are really fought. The question is never just "was the pedestrian in a crosswalk?" It's the full picture:
- How fast was the driver going, and what was the limit?
- Was the driver distracted — phone records tell this story
- Lighting, sight lines, and whether the pedestrian was visible in time to stop
- Whether the driver braked or swerved at all
- Where the impact occurred on the vehicle and in the roadway
A speeding or distracted driver routinely carries the majority of fault even against a mid-block pedestrian, because the driver's failures made the crash unavoidable.
Why these cases are worth fighting
Pedestrians absorb crash energy with their bodies. Even low-speed impacts produce fractures, head injuries, and long recoveries — which means the damages at stake are large enough that the difference between "pedestrian 70% at fault" and "pedestrian 25% at fault" is often six figures. Adjusters know this, which is why the jaywalking narrative gets pushed so hard and so early.
Evidence moves these percentages: surveillance video from nearby businesses (often overwritten within days), event data recorder downloads, phone records, and scene measurements. The earlier that evidence is preserved, the harder the lowball fault story is to sell.
If you or a family member was hit outside a crosswalk
- Get medical care immediately — head injuries especially can present late.
- Do not accept fault or give a recorded statement to the driver's insurer.
- Note every nearby business that might have cameras, and act fast — footage disappears.
- Keep the clothing and shoes from the incident; they're evidence.
- Talk to an attorney before the adjuster's fault narrative hardens.
Saguaro Injury Law represents injured pedestrians across Arizona — including in cases where the insurance company insists the pedestrian was to blame. Free consultations 24/7 in English and Spanish: (602) 217-0000. Learn more on our pedestrian and bicycle accident page.