Arizona Statutes Clarify Pedestrian Right of Way Amid Common Misconceptions
While many Arizona residents operate under the assumption that pedestrians automatically have the right of way in all traffic situations, state statutes paint a more complex picture of shared responsibility on the roadways. According to Arizona Revised Statutes (ARS), specifically Title 28, the “right of way” is not absolute for pedestrians, and specific scenarios place the burden of yielding on those on foot.
Statutory Framework for Crosswalks
Under ARS 28-792, drivers are indeed legally required to yield to pedestrians within crosswalks. The law mandates that if traffic control signals are not in place or not operating, a driver must stop or slow down to yield to a pedestrian crossing the roadway within a crosswalk. This applies when the pedestrian is on the half of the roadway the vehicle is traveling on or is approaching so closely from the opposite half as to be in danger.
However, legal experts emphasize the definition of a crosswalk extends beyond painted lines. An “unmarked crosswalk” exists at any intersection where sidewalks would logically connect if extended across the street. Drivers are required to yield at these unmarked intersections just as they would at a painted zebra crossing.
Exceptions and Pedestrian Duties
Despite these protections, the law includes significant objections to the idea that pedestrians can cross freely. ARS 28-792 includes a critical provision stating that no pedestrian shall “suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.” This “darting out” clause means that if a pedestrian steps into traffic without giving a driver reasonable time to stop, the pedestrian may be at fault for any resulting collision.
Furthermore, ARS 28-793 outlines duties for pedestrians crossing outside of designated areas. If a pedestrian crosses a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection, they must yield the right of way to all vehicles on the road.
The law is even more specific regarding infrastructure: if a pedestrian tunnel or overhead crossing is provided at a location, pedestrians on the roadway must yield to vehicles. Additionally, between adjacent intersections where traffic control signals are in operation, pedestrians are prohibited from crossing anywhere except in a marked crosswalk.
Safety Context and Accident Statistics
These legal distinctions are critical in a state grappling with high pedestrian accident rates. According to reports from the Governors Highway Safety Association, Arizona has frequently ranked among states with the highest rates of pedestrian fatalities per capita in recent years. In 2022 alone, over 300 people were killed in pedestrian-related accidents in the state.
Public safety officials note that fast-moving arterial roads in urban areas, which often feature wide lanes and long distances between crosswalks, are particularly hazardous. Misunderstandings of right-of-way laws contribute to these incidents, as both drivers and pedestrians may misinterpret who is required to yield in mid-block scenarios or at unmarked intersections.
Legal Implications
In the event of an accident, Arizona’s comparative negligence laws may apply. If a pedestrian is found to be jaywalking or violating ARS 28-793 at the time of an injury, their ability to recover damages could be reduced by their percentage of fault. Conversely, drivers who fail to honor the “unmarked crosswalk” rule at intersections may face civil liability and traffic citations.
Authorities continue to urge both drivers and pedestrians to exercise “due care,” a legal standard that often overrides technical right-of-way rules when safety is at immediate risk.
