What Rights Do Pedestrians Have if Hit by a Vehicle?
Understanding Your Legal Protections
After a Pedestrian Accident
Being struck by a vehicle is a life-altering event that can leave pedestrians feeling overwhelmed and unsure of their rights. In Arizona and across the U.S., pedestrians are granted legal protections to help ensure their safety—and to provide them with the ability to seek justice and compensation if injured.
This blog will walk you through what rights pedestrians have, what steps to take after an accident, and how these rights can protect your health, finances, and future.
Pedestrians Have the Right of Way in Many Situations
In Arizona, pedestrians often have the right of way at:
- Marked crosswalks
- Unmarked crosswalks at intersections
- When traffic signals permit pedestrians to cross
Drivers are legally required to yield to pedestrians in these areas. If a driver fails to do so and an accident occurs, the driver may be held liable for the pedestrian’s injuries.
The Right to Seek Medical Care and Coverage
After an accident, pedestrians have the right to receive immediate medical attention—regardless of immigration status or health insurance coverage.
If the driver is found at fault, their insurance may cover:
- Hospital bills
- Rehabilitation costs
- Medications
- Long-term medical needs
Prompt medical care also strengthens any personal injury claim by documenting your injuries right away.
The Right to Pursue Compensation
Pedestrians injured by vehicles have the right to
file a personal injury claim. This compensation can cover more than just medical bills, including:
- Lost wages if you cannot work while recovering
- Pain and suffering for the physical and emotional toll
- Future earning capacity if your injuries are long-term
- Property damage (for example, if personal belongings were destroyed in the accident)
In cases where a pedestrian is killed, their family may have the right to file a wrongful death claim.
The Right to Protection from Blame
Insurance companies sometimes try to argue that the pedestrian was at fault. However, Arizona follows a
comparative negligence law. This means:
- Even if you are found partly at fault, you can still recover damages.
- Your compensation is simply reduced by your percentage of fault.
Example: If you’re awarded $100,000 but found 20% at fault, you would still receive $80,000.
The Right to Legal Representation
One of the most important rights pedestrians have is the ability to
hire an attorney. A lawyer can:
- Handle communications with insurance companies
- Gather evidence like surveillance footage, witness statements, and accident reports
- Ensure you aren’t pressured into a low settlement
- Guide you through Arizona’s deadlines for filing injury claims (statute of limitations)
Many personal injury lawyers work on a contingency fee basis—meaning you pay nothing upfront and only pay if your case is won.
Steps Pedestrians Should Take After Being Hit
To protect your rights, take these steps after an accident:
- Call 911 – Report the accident and request medical help.
- Document the scene – Take photos of the vehicle, your injuries, and the area where the crash occurred.
- Get witness information – Their testimony could support your case.
- Seek medical care immediately – Even if you feel “just sore.”
- Contact an attorney – Before speaking to insurance companies.
Pedestrians Have Strong Legal Protections
Being hit by a vehicle is frightening, but knowing your rights helps you take control of the situation. From medical care to fair compensation, Arizona law gives pedestrians the tools to protect themselves and recover.
If you or someone you know has been injured as a pedestrian, don’t face the aftermath alone. Contact us today to get connected with the right legal and medical professionals who will fight for your rights and help you move forward with confidence.
