Pedestrian and Bicycle Accidents in Phoenix: Your Rights and Next Steps

After a pedestrian or bicycle accident, your first priority is getting medical help. Call 911 immediately. Even if you feel okay, adrenaline masks pain — traumatic brain injuries, internal bleeding, and spinal injuries may not produce symptoms for hours or days. The 911 call creates a timestamped record that your accident happened and that you reported it immediately. This matters when you file your insurance claim.

Stay at the scene if you are physically able. Arizona law (A.R.S. 28-663) requires all parties involved in an accident to stop and exchange information. Move out of the roadway if you can do so safely. If you are a cyclist, move your bike out of the travel lane. If the driver who hit you tries to leave, get their license plate number, vehicle description, and direction of travel.

When police arrive, give a factual account of what happened. Tell them which direction you were traveling, whether you were in a crosswalk or bike lane, and what the driver did. Ask for the responding officer's name and the report number. You will need the police report for your insurance claim.

Photograph everything before vehicles are moved and the scene is cleaned up. Take photos of the vehicle that hit you — front, sides, and any point of impact. Photograph your injuries, your damaged bicycle or personal items, skid marks, debris, road conditions, traffic signals, crosswalk markings, and bike lane markings. Capture wide shots showing the entire intersection and close-ups of specific damage.

Get contact information from every witness. Pedestrian and bicycle accident cases often come down to whether the driver or the pedestrian/cyclist had the right of way. Witness testimony can be decisive. Ask witnesses what they saw, where the driver was looking, and whether the driver was on a phone.

Check for surveillance cameras. Gas stations, banks, restaurants, doorbell cameras, and traffic cameras may have captured the collision. Act fast — most businesses overwrite footage within 24 to 72 hours. Ask them to preserve it or note the business name and camera location so your attorney can send a preservation letter.

Arizona's pedestrian right-of-way laws are defined primarily by A.R.S. 28-792 and 28-793. Under A.R.S. 28-792, drivers must yield to pedestrians within any crosswalk when the pedestrian is on the driver's half of the roadway or approaching closely enough from the opposite half to be in danger. It is illegal for a driver to pass another vehicle that has stopped at a crosswalk.

Unmarked crosswalks exist at every intersection by default under Arizona law — a painted crosswalk is not required. If you were crossing at an intersection, even without painted lines, drivers were legally required to yield to you. Under A.R.S. 28-793, pedestrians crossing outside a crosswalk must yield to vehicles. Between adjacent signalized intersections, pedestrians may only cross in a marked crosswalk.

A.R.S. 28-796 requires pedestrians to use sidewalks when they are available. When there is no sidewalk, pedestrians must walk on the left side of the road facing oncoming traffic. Violating these rules does not bar your claim under Arizona's pure comparative negligence system — it may reduce your recovery, but it does not eliminate it.

Under A.R.S. 28-812, cyclists on Arizona roadways have all the rights and duties of motor vehicle drivers. You are legally entitled to use the road. A.R.S. 28-815 requires cyclists moving slower than traffic to ride as close as practicable to the right-hand curb, with exceptions for left turns, avoiding hazards, passing other vehicles, and when the lane is too narrow to share safely.

Arizona's 3-foot passing law (A.R.S. 28-735) requires motorists overtaking a bicycle to leave a safe distance of at least 3 feet. If a driver violates this law and causes serious injury, they face a civil penalty of up to $500. If the violation causes death, the penalty is up to $1,000. A driver who passes you closer than 3 feet and causes a collision has violated this statute — that is strong evidence of negligence.

Arizona has no statewide bicycle helmet law for any age. Phoenix has no local helmet ordinance. Not wearing a helmet cannot be cited as a statutory violation in your case. However, a defense attorney may argue that failing to wear a helmet contributed to the severity of your head injuries. This argument goes to damages, not liability — it could reduce your compensation for head injuries specifically but does not affect fault for the crash itself.

Pedestrian and bicycle accidents produce far more severe injuries than vehicle-to-vehicle collisions because there is no vehicle frame, airbag, or seatbelt protecting you. The human body absorbs the full force of impact. Common injuries include traumatic brain injuries (even with a helmet), broken bones (legs, pelvis, arms, ribs), spinal cord injuries that can cause paralysis, internal organ damage, road rash and soft tissue injuries, and facial fractures.

Traumatic brain injuries are especially common in pedestrian and cyclist crashes. Even a low-speed collision can cause a concussion when your head strikes the pavement. Symptoms may not appear for hours or days — headaches, confusion, memory problems, dizziness, and personality changes. Get a full medical evaluation within 24 hours of the crash, even if you walked away from the scene feeling fine.

The severity of these injuries drives up medical costs significantly. Emergency room visits, surgeries, rehabilitation, and long-term care for spinal cord or brain injuries can reach six or seven figures. Document every medical visit, every diagnosis, and every bill from day one. This documentation is the foundation of your claim.

Arizona follows pure comparative negligence under A.R.S. 12-2505. This means you can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault, but there is no threshold that bars recovery entirely. If you are found 30% at fault and your damages total $200,000, you recover $140,000.

In pedestrian cases, the driver's insurance company will often argue that you were jaywalking, crossing against a signal, or distracted by a phone. In cyclist cases, they may argue you were riding against traffic, failed to signal, or ran a stop sign. These arguments may reduce your recovery but they do not eliminate your claim. The driver still has a duty to watch for pedestrians and cyclists, to maintain a safe speed, and to yield when required by law.

The driver's violations matter too. If the driver was speeding, distracted, running a red light, failed to yield in a crosswalk, or violated the 3-foot passing rule, those statutory violations are evidence of negligence per se. A driver who violates a safety statute and causes injury is presumed negligent under Arizona law. Both parties' actions are weighed by the jury to determine the final fault allocation.

Arizona's statute of limitations for personal injury is 2 years from the date of injury (A.R.S. 12-542). If you were a minor at the time of the crash, the clock does not start until you turn 18 (A.R.S. 12-502). For wrongful death claims, the 2-year period runs from the date of death.

If a government entity may be liable — for example, if a dangerous road design, missing crosswalk signal, or poorly maintained bike lane contributed to your crash — you must file a notice of claim within 180 days under A.R.S. 12-821.01. This is a strict deadline. Missing it can bar your claim entirely even though the 2-year statute has not expired. The City of Phoenix has been investing in its Vision Zero Road Safety Action Plan to address dangerous corridors, but road defects and design failures still contribute to pedestrian and cyclist crashes.

Do not wait to act. Surveillance footage gets overwritten within days. Witnesses forget details. Skid marks fade. Medical records are strongest when treatment begins immediately after the crash. Start building your case now.

Were you hit by a car while walking or cycling in Phoenix? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim — including how right-of-way laws apply to your situation, what evidence to prioritize, and whether connecting with a Phoenix personal injury attorney makes sense for your case.

You were doing nothing wrong — walking or riding where you had every right to be. Arizona law gives pedestrians and cyclists real protections. The driver's insurance should cover your medical bills, lost income, and pain and suffering. Start with the Injury Claim Check. It is free, confidential, and takes less time than your next doctor's visit.