Tempe’s busy streets especially near ASU, Mill Avenue, and University Drive—are often packed with foot traffic, bicycles, and vehicles. Unfortunately, this mix of activity increases the risk of pedestrian accidents. If you’ve been hit by a car while walking in Tempe, proving who was at fault is crucial to recovering compensation for your injuries. At Valley Injury Law, we help injured pedestrians throughout Tempe fight back against insurance companies and hold negligent drivers accountable. Here’s how fault is proven in pedestrian accident cases and what steps you can take to protect your rights.
Understanding Right of Way Laws in Arizona
In Arizona, drivers are required by law to yield to pedestrians in marked crosswalks and at uncontrolled intersections. Pedestrians also have the right of way when crossing with a signal or walk sign. However, pedestrians also must obey traffic signals and avoid stepping into the road when it’s unsafe. That said, even if a pedestrian is partially at fault, Arizona’s comparative negligence laws allow you to recover compensation as long as someone else shares responsibility.
Key Evidence That Helps Prove Driver Fault
To build a strong case, your attorney will collect a combination of the following types of evidence:
1. Police Reports
Always call 911 after a crash. The Tempe Police Department will usually respond, file an accident report, and record essential information—such as the driver’s statement, witness accounts, and any traffic violations.
2. Eyewitness Testimony
Independent bystanders can confirm whether the driver was speeding, failed to yield, ran a red light, or was distracted when the accident occurred.
3. Surveillance or Traffic Camera Footage
Many intersections near downtown Tempe, ASU, or Tempe Marketplace have nearby cameras or businesses that may capture footage of the incident. Video evidence can clearly show whether the pedestrian had the right of way and how fast the vehicle was moving.
4. Dashcam and Vehicle Data
Some vehicles or Uber/Lyft rides may have dashcams or GPS logs. These can help reconstruct the sequence of events and strengthen your claim.
5. Medical Records and Injury Documentation
The nature and severity of your injuries can support your version of the crash—especially when they’re consistent with being hit at a certain speed or angle.
6. Photographs of the Scene
Photos taken right after the crash (or as soon as possible) can show the layout of the crosswalk, traffic signals, road conditions, and the damage to your body and clothing.
Can a Pedestrian Be Partially at Fault?
Yes. If you were crossing against the signal or outside of a crosswalk, you could share a portion of the blame. However, Arizona’s pure comparative negligence law allows you to recover damages even if you were 99% at fault—though your compensation will be reduced by your percentage of responsibility. For example, if you were found 30% at fault and your damages total $100,000, you could still recover $70,000.
Common Driver Behaviors That Lead to Pedestrian Accidents
In Tempe, especially near high-traffic areas, drivers often:
- Fail to yield at crosswalks
- Turn right on red without looking for pedestrians
- Drive while distracted by phones or GPS
- Speed through school zones and residential streets
- Ignore traffic signals during heavy congestion or events
- Drive under the influence—especially on weekends or near bars
If the driver who hit you was doing any of the above, they are likely legally responsible for your injuries.
What to Do After a Pedestrian Accident in Tempe
Taking the right steps immediately after the crash can make a big difference in your case:
- Call 911 and report the accident
- Seek medical care right away—even if injuries seem minor
- Get contact information from the driver and any witnesses
- Take photos of the scene, vehicle, and your injuries
- Avoid speaking with the insurance adjuster without legal advice
- Contact a Tempe pedestrian accident lawyer as soon as possible
Why Choose Valley Injury Law?
At Valley Injury Law, we understand how devastating a pedestrian crash can be—physically, emotionally, and financially. That’s why we fight for injured pedestrians throughout Tempe, including areas near ASU, Rural Road, Baseline Road, and Broadway. When you work with us, you get:
- Free consultations and no upfront fees
- Direct access to your attorney
- Aggressive negotiation with insurance companies
- Help gathering critical evidence and proving driver fault
- A dedicated legal team that puts your recovery first
FAQ: Pedestrian Injury Claims in Tempe
What if I wasn’t in a crosswalk?
You can still file a claim. While not using a crosswalk may affect fault, Arizona law still allows injured pedestrians to recover compensation.
How long do I have to file a lawsuit?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Arizona.
What if the driver fled the scene?
Report it immediately as a hit-and-run. If the driver can’t be located, your own uninsured motorist coverage (if applicable) may help cover costs.
Hit by a Car in Tempe? We’re Here to Help You Prove Fault and Recover Compensation.
Don’t let the insurance company minimize your claim or blame you for the accident. At Valley Injury Law, we’ll help you build a strong case, prove driver fault, and fight for every dollar you’re owed.
Call today at (480) 490-9535 to schedule your free consultation!