Jaywalking Accident Claims in Arizona: Hit Outside a Crosswalk

You crossed mid-block, a car hit you, and now everyone — the driver, the adjuster, maybe even your own family — assumes the case is over. It isn’t. A jaywalking accident claim in Arizona is harder, but it is very much alive, because Arizona uses one of the most forgiving fault systems in the country. Here’s what the law actually says about crossing outside a crosswalk, and how fault gets shared when a pedestrian and a driver both made mistakes.

What Arizona law actually says

Under A.R.S. § 28-793, a pedestrian crossing anywhere other than a marked crosswalk — or an unmarked crosswalk at an intersection — must yield the right-of-way to vehicles. Between two adjacent signal-controlled intersections, the statute goes further: you may only cross in a marked crosswalk.

So yes, crossing mid-block usually means you had a duty to yield. That’s a fact the insurer will lead with. But it is the beginning of the analysis, not the end.

The driver’s duty never disappears

Arizona law also commands every driver to exercise due care to avoid hitting any pedestrian — on any part of the road, right-of-way or not. A driver who was speeding, texting, or simply not looking can be at fault even when the pedestrian crossed illegally. Right-of-way decides who should have yielded. It does not license running someone down. That’s why these cases so often end with fault on both sides of the windshield.

Pure comparative negligence: fault is shared, not fatal

Here is the rule that keeps a jaywalking accident claim in Arizona alive. The state follows pure comparative negligence: a jury assigns each person a percentage of fault, and your recovery is reduced by your share — whatever that share is. Even a pedestrian found mostly at fault can still recover the remaining portion from the driver.

So the honest question is never “can I sue if I was partially at fault in Arizona?” You can. The real question is what the percentages should be, and that gets decided by evidence, not assumptions.

What actually decides the percentages

These cases turn on details that feel small at the scene:

• The driver’s behavior — speed, phone records, braking distance, impairment.
• Visibility — lighting, clothing, time of day, sight lines.
• Location — how far from a crosswalk, and whether Phoenix’s long blocks made a legal crossing realistic.
• Witnesses and cameras — nearby businesses and doorbell cameras often caught what memory can’t.

Gather this early. Camera footage in particular gets overwritten in days, not months.

What to do if this happened to you

Get medical care and follow through — pedestrian injuries are frequently worse than they first feel. Don’t give the driver’s insurer a recorded statement or accept fault in casual conversation; adjusters weaponize both. Photograph the scene, note the nearest crosswalks, and write down what the driver said. Then get an honest read on the fault picture before anyone puts a percentage on you. Our Phoenix pedestrian accident guide covers the claim process from there.

The bottom line

Crossing outside a crosswalk gives the insurance company an argument — not a verdict. Arizona’s pure comparative negligence means a jaywalking accident claim survives shared fault; it’s simply reduced by your portion of it. The driver’s duty of care never switched off, the percentages are negotiable, and the evidence you preserve this week is what negotiates them.

Keep reading: Pedestrian accidents in Phoenix: rights of way, drivers’ duties, your options · Comparative negligence in Arizona · or browse all guides from Awesome Attorneys.

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This article is general information, not legal advice, and reading it does not create an attorney–client relationship. Fault percentages depend entirely on the specific evidence of each crash — speak with a licensed Arizona attorney before accepting any assessment of your own.