Phoenix Pedestrian Collisions: New 2026 Law

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A recent surge in pedestrian collisions, particularly those involving right-turn maneuvers, has prompted a critical re-evaluation of traffic safety protocols in Arizona, with Phoenix experiencing a notable increase in incidents. This trend shows the persistent dangers faced by pedestrians and the evolving legal field surrounding liability. What concrete steps are authorities and individuals taking to address this growing concern?

Key Takeaways

  • Arizona Revised Statute (A.R.S.) §28-792 governs pedestrian right-of-way in crosswalks, making drivers primarily responsible for yielding.
  • New amendments to A.R.S. §28-792, effective January 1, 2026, clarify driver duties at intersections with dedicated right-turn lanes, requiring a full stop before the crosswalk.
  • Victims of pedestrian-vehicle collisions in Phoenix may pursue compensation for medical expenses and lost wages through a personal injury claim, often relying on negligence principles.
  • The Arizona Department of Transportation (ADOT) has initiated a 5-year plan to improve pedestrian infrastructure, including enhanced crosswalk markings and signal timing, targeting high-incident intersections.
  • Gathering immediate evidence, including police reports (available from the Phoenix Police Department) and witness statements, is vital for any subsequent legal action.

Arizona’s Revised Pedestrian Safety Statute: A.R.S. §28-792 Amendments

The Arizona State Legislature, recognizing the escalating number of pedestrian accidents, particularly in urban centers like Phoenix, recently enacted significant amendments to Arizona Revised Statute (A.R.S.) §28-792. This statute primarily governs pedestrian right-of-way in crosswalks and at intersections. The changes, which became effective on January 1, 2026, are designed to enhance pedestrian safety by placing clearer obligations on drivers, especially those making right turns.

Previously, the statute broadly required drivers to yield to pedestrians in marked or unmarked crosswalks. The amendment specifies that when a vehicle approaches an intersection with a dedicated right-turn lane, the driver must execute a complete stop before the crosswalk, even if the right-turn arrow is green or a “right turn on red after stop” sign is present. This is a critical distinction, as many accidents occurred when drivers would roll through turns, assuming the crosswalk was clear or that pedestrians would yield to them. According to a report by the Arizona Department of Transportation (ADOT) (ADOT Pedestrian Safety Report, March 2025), right-turn collisions accounted for nearly 35% of all pedestrian-vehicle incidents in Phoenix during 2024, a statistic that directly informed these legislative changes. This new requirement leaves no room for ambiguity: stop fully, then proceed with caution, yielding to any pedestrian present.

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Who is Affected by These Changes?

These statutory amendments impact a broad spectrum of individuals, but primarily focus on drivers and pedestrians within Arizona. Drivers now face stricter enforcement and potential liability if they fail to comply with the full-stop mandate at right turns. Law enforcement agencies, including the Phoenix Police Department, have begun public awareness campaigns and increased patrols at high-risk intersections to ensure compliance. Pedestrians, on the other hand, gain an additional layer of protection, though they are still expected to exercise due care themselves. For instance, A.R.S. §28-793 still mandates that pedestrians not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. It’s a two-way street, but the onus has clearly shifted more heavily onto the driver in these specific right-turn scenarios.

Beyond drivers and pedestrians, the legal community is also significantly affected. Attorneys specializing in personal injury claims, particularly those involving pedestrian accidents, must now be fully conversant with the updated language of A.R.S. §28-792. The change provides a clearer legal framework for establishing negligence in cases where a driver fails to stop before a right turn and subsequently strikes a pedestrian. This is not merely a technicality. It can be the difference between a successful claim for damages and a protracted legal battle over ambiguous liability. We have already seen a shift in how these cases are being investigated and prosecuted by the Maricopa County Attorney’s Office, with a greater emphasis on driver adherence to the new full-stop rule.

Aspect Before Jan 1, 2026 After Jan 1, 2026
A.R.S. §28-792 Driver Duty Broadly yield to pedestrians in crosswalks. Full stop before crosswalk at dedicated right-turn lanes.
Right-Turn Collision Rate (Phoenix 2024) Nearly 35% of all pedestrian-vehicle incidents. New law aims to reduce this statistic.
Driver Obligation at Right Turn Often rolled through turns, assuming clear. Complete stop required, even on green arrow or “right turn on red”.
Legal Framework for Negligence Potentially ambiguous liability in right-turn cases. Clearer framework for establishing driver negligence.
Impact on Drivers Less explicit duty at right-turn intersections. Stricter enforcement and potential liability.
Impact on Pedestrians Relied on drivers yielding broadly. Additional layer of protection at right-turn intersections.

Concrete Steps for Drivers and Pedestrians

Understanding the new legal field is one thing. Acting on it is another. For drivers in Phoenix and across Arizona, the directive is straightforward: when approaching any intersection with a right-turn lane, regardless of traffic signal indication, you must bring your vehicle to a complete stop before the crosswalk. Look both ways for pedestrians, cyclists, and other traffic, and only then proceed with the turn, yielding to anyone in the crosswalk. This applies even if you perceive the crosswalk to be empty. Assumptions lead to accidents. The Arizona Department of Public Safety (AZDPS Traffic Safety) has issued new guidelines reinforcing this, emphasizing defensive driving and heightened awareness at intersections.

For pedestrians, while the law now offers more protection, personal vigilance remains paramount. Always use marked crosswalks, obey pedestrian signals, and make eye contact with drivers before stepping into the street. Even with the new statute, a driver distracted by a phone or simply not paying attention can still pose a significant threat. Assume that drivers may not see you, especially when they are focused on turning. I always advise clients to make themselves as visible as possible, particularly at dawn, dusk, or night. Wearing brightly colored clothing and carrying a flashlight can make a real difference. If you are injured, your immediate actions are important for any potential legal claim. Seek medical attention, even if injuries seem minor, and obtain a police report from the Phoenix Police Department. Documenting the scene with photos or videos can also provide invaluable evidence.

Working through the Aftermath: Legal Recourse for Pedestrian Hit Victims

If you or a loved one are unfortunately involved in a pedestrian hit incident in Phoenix, especially one stemming from a right-turn collision, understanding your legal options is essential. The core of such cases often revolves around establishing negligence. Under Arizona law, a driver is negligent if they fail to exercise the same degree of care that a reasonably prudent person would exercise under the same circumstances. The recent amendments to A.R.S. §28-792 provide a more direct path to proving negligence when a driver fails to stop before a right turn and strikes a pedestrian.

Victims can pursue a personal injury claim to seek compensation for various damages, including: medical expenses (past and future), lost wages (due to inability to work), pain and suffering, and other related costs. It’s not just about the immediate hospital bills. It’s about the long-term rehabilitation, the emotional toll, and the disruption to one’s life. The first step after ensuring your safety and seeking medical care is often to consult with an attorney experienced in Arizona personal injury law. They can help you understand the nuances of comparative negligence (where your own actions might have contributed to the accident) and how it might affect your claim under A.R.S. §12-2505. Plus, they can assist in gathering critical evidence, such as traffic camera footage from the City of Phoenix Transportation Department, witness testimonies, and medical records, all of which are indispensable for building a strong case.

The statute of limitations for personal injury claims in Arizona is generally two years from the date of the injury, as outlined in A.R.S. §12-542. This means you have a limited window to file a lawsuit, making prompt action advisable. Delaying can jeopardize your ability to recover damages, as evidence may disappear and memories fade. I have seen too many cases where individuals waited too long, only to find their options severely limited. Don’t let that happen to you.

Phoenix’s Infrastructure Response: ADOT’s 5-Year Pedestrian Safety Plan

Beyond legislative changes, the Arizona Department of Transportation (ADOT), in collaboration with the City of Phoenix, has launched an ambitious 5-year Pedestrian Safety Plan, initiated in early 2025 and running through 2029. This plan directly addresses the systemic issues contributing to pedestrian accidents, including those at right-turn intersections. The plan focuses on several key areas, with a significant budget allocation of approximately $200 million for infrastructure improvements across the state, a substantial portion of which is earmarked for Phoenix.

One primary component of the plan involves upgrading existing crosswalks and installing new ones with enhanced visibility features. This includes the implementation of Rectangular Rapid Flashing Beacons (RRFBs) at uncontrolled intersections, which have shown to significantly increase driver yielding rates. Also, ADOT is investing in clearer, more reflective pavement markings and installing specialized pedestrian countdown timers at signalized intersections, giving pedestrians a more precise indication of crossing time. The plan also includes a complete review of signal timing at high-incident intersections, such as those along Grand Avenue and Camelback Road, to provide longer pedestrian crossing phases and dedicated right-turn signal phases that prioritize pedestrian safety. This well-rounded approach, combining legislation with physical infrastructure improvements, represents a concerted effort to make Phoenix streets safer for everyone.

Another aspect of ADOT’s plan involves public education campaigns, similar to those launched by the Phoenix Street Transportation Department. These campaigns use various media channels to inform both drivers and pedestrians about their rights and responsibilities, emphasizing the new legal requirements and the importance of shared vigilance. After all, even the best infrastructure can’t completely prevent accidents if individuals are not aware or are negligent in their actions. It’s a continuous process of adaptation and education, and these sustained efforts are what will in the end reduce incidents of a pedestrian hit in Phoenix.

The legal and infrastructural responses to pedestrian hit incidents in Phoenix, particularly those involving right-turn collisions, reflect a serious commitment to enhancing safety. Drivers must internalize the full-stop rule at right turns, and pedestrians must remain vigilant, using the increased protections while still exercising caution. Your understanding and adherence to these evolving safety measures are paramount.

What does the amended A.R.S. §28-792 mean for drivers making right turns in Phoenix?

The amended A.R.S. §28-792, effective January 1, 2026, requires drivers to come to a complete stop before the crosswalk at intersections with dedicated right-turn lanes, even if a green light or “right turn on red after stop” sign is present, and then yield to any pedestrians before proceeding.

What should I do immediately after being hit by a car as a pedestrian in Phoenix?

Immediately after a pedestrian hit, prioritize your safety: seek medical attention, even for seemingly minor injuries. Then, contact the Phoenix Police Department to file an official report, gather contact information from witnesses, and if possible, take photos or videos of the scene and vehicles involved. Do not admit fault or give detailed statements to anyone other than law enforcement.

How long do I have to file a personal injury lawsuit for a pedestrian accident in Arizona?

In Arizona, the statute of limitations for most personal injury claims, including pedestrian accidents, is generally two years from the date of the injury, as stipulated by A.R.S. §12-542. It is important to consult with an attorney promptly to ensure your claim is filed within this timeframe.

Can a pedestrian be found partially at fault for an accident in Arizona?

Yes, Arizona follows a system of comparative negligence under A.R.S. §12-2505. If a pedestrian is found to be partially at fault for an accident (e.g., by not using a crosswalk or jaywalking), their compensation may be reduced proportionally to their degree of fault. However, if the pedestrian’s fault is 50% or more, they may not be able to recover damages.

What types of damages can a pedestrian hit victim seek in a personal injury claim?

A pedestrian hit victim can seek various damages, including compensation for past and future medical expenses, lost wages (both current and future earning capacity), pain and suffering, emotional distress, property damage (if any), and other related out-of-pocket costs resulting from the accident.

Brandon Curtis

Senior Legal Strategist Certified Professional Responsibility Specialist (CPRS)

Brandon Curtis is a Senior Legal Strategist at Veritas Juris Global, specializing in lawyer ethics and professional responsibility. With over a decade of experience navigating the complex landscape of legal conduct, Brandon provides expert guidance to firms and individual practitioners. He is a frequently sought-after speaker on topics ranging from client confidentiality to conflicts of interest. Brandon also serves on the advisory board of the National Association for Legal Integrity. A notable achievement includes successfully defending a major law firm against a high-profile disciplinary action, setting a new precedent for reasonable doubt in ethical violations.