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Arizona pedestrian law is one of the most plaintiff-favorable in the country for damages, and one of the deadliest jurisdictions in the country for pedestrians in practice. The state's framework combines four structural features that have no parallel in many other states. First, the Arizona Constitution's Anti-Abrogation Clause (Article 2 Section 31 plus Article 18 Section 6) PROHIBITS any statutory cap on damages for personal injury or wrongful death, making AZ one of only 5 states with constitutional no-caps protection. Second, pure comparative negligence under ARS 12-2505 ensures recovery even at 99 percent fault. Third, ARS 28-792 imposes a driver yield duty in marked AND unmarked crosswalks. Fourth, the 180-day notice of claim under ARS 12-821.01 is the strictest procedural deadline against any public-entity defendant. The state recorded 263 pedestrian deaths in 2024 (146 in Phoenix alone, second only to LA in raw count) with a fatality rate nearly twice the national average. Monsoon-season haboobs (June-September) add a unique seasonal liability dynamic. The constitutional no-caps rule combined with pure comparative produces some of the highest pedestrian-injury verdicts in the US relative to injury severity.
Key facts at a glance
Arizona Pedestrian Accident Settlement Values (2026)
Last updated
- Constitutional Anti-Abrogation Clause
- Arizona Constitution Article 2 Section 31 + Article 18 Section 6 prohibit any statutory cap on damages for death or personal injury. One of only 5 states with constitutional no-caps protection. No general cap, no wrongful death cap, no med mal cap.
- Pure comparative (ARS 12-2505)
- Recover damages even at 99% fault. Award reduced by your share, never eliminated. One of 13 pure comparative states.
- ARS 28-792 (driver yield duty)
- Driver must yield to pedestrian in marked or unmarked crosswalk on driver's half of roadway or approaching closely from opposite half. Vehicles can't overtake a stopped vehicle at crosswalk. Supports negligence per se.
- 180-day ARS 12-821.01 notice
- Strict jurisdictional bar to suit against any public entity, school, or employee. File written notice within 180 days with facts + specific settlement amount + supporting facts. Failure to comply bars the action.
- Phoenix pedestrian crisis
- 146 pedestrian deaths in Phoenix in 2024, second only to LA. Arizona statewide 263 deaths. AZ rate 3.6 per 100K nearly 2x national 2.1 average. 200 of 263 deaths in night or low-light.
- 2-year SOL (ARS 12-542)
- 2 years from accident date for personal injury and wrongful death; one of the shorter SOLs (same as CA). Public-entity 180-day notice deadline is even shorter and is jurisdictional.
Source: SetCalc analysis of Arizona Constitution Article 2 Section 31 + Article 18 Section 6 (Anti-Abrogation Clause); ARS 12-2505 (pure comparative negligence); ARS 28-792 (pedestrian crosswalk right-of-way); ARS 12-821.01 (180-day public-entity notice of claim); ARS 12-542 (2-year personal injury SOL); ARS 28-701 (reasonable and prudent speed); HB 2620 (25/50/15 minimum liability effective July 1, 2020); Baker v. University Physicians Healthcare (Anti-Abrogation precedent); Arizona Department of Transportation crash data; GHSA 2024 pedestrian fatality data; City of Phoenix Operation Safe Roads pedestrian-corridor data; National Weather Service Phoenix haboob advisory records; ADOT Pull Aside Stay Alive campaign; Arizona plaintiff-firm reported settlements, 2020 to 2026. Get your free Arizona pedestrian accident settlement estimate →
How Much to Expect From a Pedestrian Accident Settlement in Arizona
Arizona pedestrian struck-by-vehicle settlements span from $15,000 for minor cases to many millions for catastrophic and wrongful death cases. The state's constitutional Anti-Abrogation Clause means NO statutory caps on damages of any kind. Combined with pure comparative negligence (case never eliminated regardless of fault), Arizona produces some of the highest pedestrian-injury verdicts in the country relative to injury severity.
Cited representative Arizona pedestrian outcomes include:
- • $5,000,000 Maricopa County jury verdict for the parents and wife of a 22-year-old man fatally struck by a tractor-trailer (wrongful death); no statutory cap applied
- • $1,300,000 settlement for a 70-year-old woman struck in a parking lot crosswalk
- • $1,000,000 out-of-court settlement for a pedestrian struck by a careless driver while walking along a roadway
- • $600,000 settlement for an elderly pedestrian struck by a reversing vehicle in a Scottsdale parking lot
- • Wrongful death range $1,500,000 to $15,000,000+ (no statutory cap; depends on decedent's earning capacity, available liability stack, and venue)
- • Severe TBI / spinal cord $1,000,000 to $20,000,000+ driven by uncapped economic and non-economic damages
- • Surgical orthopedic $150,000 to $500,000 (fracture, ORIF, microdiscectomy)
The Anti-Abrogation Clause: Constitutional No-Caps on Damages
Arizona is one of only 5 states whose Constitution PROHIBITS the legislature from enacting any cap on personal injury or wrongful death damages. Two companion clauses combine to produce the strongest plaintiff damages position in the country.
Article 2, Section 31 (Arizona Constitution)
"No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person."
Article 18, Section 6 (Anti-Abrogation Clause)
"The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation."
What the Anti-Abrogation Clause Means in Practice
- • No general non-economic cap: pain and suffering, emotional distress, loss of enjoyment of life uncapped
- • No wrongful death cap: unlike Colorado's $2.125M cap (HB 24-1472) or other capped states
- • No medical malpractice cap: unlike California's MICRA, Colorado's $875K phased, or Texas's $250K
- • No auto pain and suffering cap: unlike Tennessee's $750K or other capped states
- • The jury has complete authority to set the damages amount
The Arizona Supreme Court has repeatedly confirmed the Anti-Abrogation Clause's force, most notably in Baker v. University Physicians Healthcare and prior precedent. The legislature cannot enact statutory damages caps because they unconstitutionally eliminate the right to full recovery protected under Article 18 Section 6. Combined with pure comparative negligence under ARS 12-2505, Arizona is among the most plaintiff-favorable damages jurisdictions in the country.
Pure Comparative Negligence Under ARS 12-2505
Arizona is a pure comparative negligence state under ARS 12-2505. Recovery is reduced by the plaintiff's percentage of fault but is NEVER eliminated.
What Pure Comparative Means in Pedestrian Cases
- • You recover damages even at 99 percent fault. At 99% fault you recover 1% of damages.
- • A pedestrian who crossed mid-block, was assigned 50 percent fault, and had $400,000 in damages still recovers $200,000.
- • A pedestrian assigned 80 percent fault with $500,000 in damages still recovers $100,000.
- • Arizona is one of only 13 pure comparative states (others include California, Washington, New York, Mississippi, Missouri, New Mexico, Alaska, Kentucky, Louisiana, and Rhode Island).
Combined with the Anti-Abrogation no-caps rule, Arizona is dramatically more plaintiff-favorable than Colorado (50 percent BAR + $1.5M cap), Texas (51 percent bar + various caps), or the contributory negligence regimes in Alabama, Maryland, Virginia, North Carolina, and DC where ANY fault eliminates recovery.
Who Pays Your Medical Bills as an AZ Pedestrian (No PIP)
Arizona is a tort state, not a no-fault state. There is no PIP system. Medical bills get paid through a layered stack and most pedestrian plaintiffs use medical liens to bridge treatment until the settlement funds.
Medical Coverage Stack for an AZ Pedestrian
- Your own health insurance: Primary payer, subject to deductibles, copays, and subrogation rights.
- MedPay on your own auto policy: Optional in Arizona, no statutory minimum, typical limits $1,000 to $10,000. MedPay follows you as a pedestrian, cyclist, or vehicle occupant. First-dollar coverage, no fault inquiry.
- Hospital and provider medical liens: Arizona Medical Lien Act (ARS 33-931 et seq.) gives hospitals statutory lien rights. Treat now, recoup from settlement.
- At-fault driver's bodily injury policy: AZ minimum 25/50/15 since July 1, 2020 (HB 2620). Pays at the end as part of the third-party settlement.
- Your own UM/UIM coverage: Mandatory offer but waivable in writing. UM/UIM follows the pedestrian. Critical because AZ minimum BI is only $25K per person.
No PIP Means Plan Treatment Carefully
ARS 28-792: The Driver Yield Duty in Crosswalks
ARS 28-792 is Arizona's pedestrian crosswalk right-of-way statute. The driver yield duty applies at marked and unmarked crosswalks.
Driver Yield Duty (Subdivision A)
If traffic control signals are not in place or are not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be in order to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Unmarked Crosswalk Doctrine
Arizona follows the unmarked-crosswalk doctrine: every intersection has an unmarked crosswalk along the extension of the curb lines unless signage prohibits pedestrian crossing. The 28-792 yield duty applies to both marked and unmarked crosswalks.
No-Pass Stopped Vehicle Rule (Subdivision C)
If a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle. Prevents the deadly "pass-through" pedestrian strike.
Pedestrian Mutual Duty (Subdivision B)
A pedestrian shall not suddenly leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.
Why ARS 28-792 Matters for Your Civil Case
A driver's violation of ARS 28-792 supports negligence per se: the statutory violation establishes the negligence element. Subpoena the traffic citation, the AZ DPS or local police crash report, body-cam, dash-cam, 911 audio, and witness statements. For fatal or major-injury crashes investigated by DPS or city traffic-homicide units, request the major-crash reconstruction. ADOT's online crash data (Arizona Crash Information System) helps identify prior crashes at the same location for foreseeability arguments.
The 180-Day ARS 12-821.01 Notice of Claim (Strictest in the West)
Arizona's public-entity notice of claim under ARS 12-821.01 is one of the strictest in the country. Any claim against a public entity, public school, or public employee must be filed within 180 DAYSafter the cause of action accrues.
- • ADOT (Arizona Department of Transportation) vehicles and dangerous-condition claims
- • DPS (Department of Public Safety / Arizona Highway Patrol) vehicles
- • Maricopa County, Pima County, Coconino County, Yavapai County, and other county vehicles
- • City of Phoenix, Tucson, Mesa, Scottsdale, Tempe, Chandler, Gilbert, Glendale, Peoria, Surprise vehicles
- • Valley Metro buses (Phoenix metro transit)
- • School district vehicles (school buses, district vans)
Required Contents of the ARS 12-821.01 Notice
The notice must contain THREE elements per ARS 12-821.01(A):
- Facts sufficient to permit the public entity to understand the basis on which liability is claimed
- A specific amount for which the claim can be settled
- Facts supporting that amount
Failure to include all three elements can void the notice and bar the claim. Be specific. Set a settlement number high enough to leave room to negotiate but anchored in supportable facts.
Why the 180-Day Deadline Is So Dangerous
The 180-day deadline runs from the date the cause of action accrues (typically the date of injury). If you miss the 180 days, your claim is BARRED as a matter of law. The 2-year ARS 12-542 SOL is much longer but does NOT override the 180-day notice requirement. There is no late-claim discretionary relief like California's Gov. Code 911.4; the Arizona 180-day deadline is essentially absolute.
Phoenix Pedestrian Fatality Crisis: 146 Deaths in 2024
Phoenix recorded 146 pedestrian deaths in 2024, second only to Los Angeles in raw count. Arizona statewide recorded 263 pedestrian deaths, with the state's 3.6 per 100,000 rate nearly double the 2.1 per 100,000 national average. Arizona consistently ranks 2nd most dangerous state for pedestrians (behind only New Mexico).
Why Phoenix Is So Dangerous
The Phoenix metro was built around wide, multi-lane arterials with high posted speed limits (35 to 45 mph typically, often exceeded), minimal sidewalk coverage, few mid-block crosswalks, and insufficient lighting. Of the 263 statewide pedestrian deaths in 2024, 200 occurred at night or in low-light conditions; only 34 in daylight. Pedestrian crashes represent 1.72 percent of all AZ crashes but 21.42 percent of all traffic fatalities. Phoenix data shows pedestrians are involved in 44 percent of all deadly crashes.
Deadliest Phoenix Intersections and Corridors
- • 7th Avenue and Indian School Road (worst in Phoenix; approximately 127 crashes per year)
- • Central Avenue and Camelback Road (114 crashes per year)
- • 7th Avenue / Camelback Road area (multiple pedestrian strikes)
- • I-17 and Camelback Road on/off-ramps (5 pedestrian deaths since 2019, 3 in 2024 alone)
- • 7th Street north of Camelback
- • 19th Avenue, 35th Avenue, 51st Avenue, Cactus Road, Bell Road, Northern Avenue corridors
Outside Phoenix
Apache Boulevard through Tempe (high pedestrian volume from ASU campus), Mill Avenue in Tempe, Speedway Boulevard and 22nd Street in Tucson, Bell Road in suburban Phoenix. Wrong-way driver patterns on AZ freeways (I-10, I-17, US 60) produce pedestrian-strike scenarios at on-ramps and shoulders. Mountain-resort areas around Sedona, Flagstaff, and Prescott produce a distinct seasonal-tourist pedestrian-strike pattern.
Use ADOT Crash Data for Strike-Location Analysis
The Arizona Department of Transportation publishes the Arizona Crash Information System with public crash dashboards. Prior crashes at the strike location support foreseeability and notice arguments against ADOT or municipal defendants for dangerous- roadway-design claims.
Monsoon-Season Haboobs (June through September)
Arizona's monsoon season runs from approximately June 15 through September 30 each year. Monsoon thunderstorms produce haboobs(Arabic for "violent dust storm"), generated by cold downdrafts that lift massive walls of dust, sand, and roadway debris into the air. The unique weather phenomenon creates pedestrian-strike scenarios that have no parallel in most of the US.
Haboob Dynamics
- • Winds up to 60 mph
- • Debris walls reaching 10,000 feet in altitude
- • Visibility reduced to near zero in seconds
- • Arizona recorded 106 crashes attributed to blowing sand, soil, or dirt in 2023
- • ADOT "Pull Aside Stay Alive" campaign instructs drivers to fully exit roadway, turn off lights, and wait for storm to pass
Liability During Monsoon-Season Crashes
Under Arizona's at-fault tort system, weather conditions do NOT excuse the driver's duty to maintain control of the vehicle. Arizona courts apply a standard called "reasonable care under the circumstances" which DOES include adverse weather as a factor. ARS 28-701 requires drivers to operate at a speed reasonable and prudent under the existing conditions. A driver who continues to drive through a haboob and strikes a pedestrian is unlikely to escape liability simply by blaming the weather; the driver's choice to continue driving (rather than pulling off the road per ADOT guidance) is itself negligent.
Document Conditions Carefully If Weather Was a Factor
Crosswalk vs Mid-Block: How Comparative Fault Works
Arizona applies pure comparative negligence under ARS 12-2505. The strike location (crosswalk vs mid-block), the signal status, and any pedestrian conduct (distraction, intoxication, dark clothing at night) drive comparative fault. Combined with the constitutional no-caps rule, even high-fault cases produce material recoveries.
| Pedestrian Position | Right of Way | Typical Comparative Fault Range |
|---|---|---|
| In marked crosswalk with walk signal | Full right of way; ARS 28-792 negligence per se | 0-10% |
| In marked crosswalk without signal | Right of way under ARS 28-792(A) | 0-15% |
| In unmarked crosswalk at intersection | Right of way under ARS 28-792 unmarked-crosswalk doctrine | 0-25% |
| Crossing against don't walk / red signal | Vehicle has right of way | 30-55% |
| Mid-block crossing (no crosswalk) | Vehicle has right of way under ARS 28-793; driver still owes due care | 30-60% |
| In roadway not crossing, or at night in dark clothing | Vehicle has right of way; pedestrian must yield | 40-75% |
Even at high comparative-fault percentages, Arizona's pure comparative system means the case is not eliminated. A pedestrian who crossed mid-block at night in dark clothing, was assigned 60 percent fault, and had $500,000 in damages still recovers $200,000 (vs $0 in Colorado, where the 50 percent BAR kills the case). Combined with no statutory caps, this produces material recoveries even in heavily disputed cases.
Arizona Pedestrian Settlement Ranges by Injury Type
Arizona pedestrian settlement ranges benefit from the constitutional no-caps rule on the upper end. Pedestrian impact mechanisms produce more catastrophic injury patterns than auto-on-auto crashes. Combined with pure comparative negligence and the Phoenix-Mesa-Chandler jury awareness of the pedestrian-fatality crisis, AZ pedestrian cases run higher than comparable auto-occupant cases.
| Injury Type | AZ Pedestrian Range | Notes |
|---|---|---|
| Soft tissue (rare from pedestrian impact alone) | $15,000 - $75,000 | Pedestrian impact rarely produces pure soft-tissue; AZ minimum BI 25/50 floor |
| Wrist or hand fracture | $75,000 - $250,000 | Common from fall-arrest reflex; ORIF surgical cases at upper end |
| Tibia / fibula / ankle fracture | $100,000 - $500,000 | Most common pedestrian fracture; commercial-vehicle cases at upper end |
| Pelvic fracture | $300,000 - $1,500,000 | From hood-height impact; $1.3M Scottsdale parking-lot crosswalk cited (70yo) |
| Herniated disc / spinal injury (non-cord) | $200,000 - $1,500,000 | Surgical cases (microdiscectomy, fusion) at upper end; no statutory cap |
| Traumatic Brain Injury (TBI) | $500,000 - $10,000,000+ | Common from windshield or curb strike; constitutional no-caps means no statutory ceiling |
| Spinal cord injury / paraplegia | $3,000,000 - $20,000,000+ | Catastrophic; lifetime care drives economic damages; no statutory cap |
| Wrongful death | $1,500,000 - $15,000,000+ | $5M Maricopa County tractor-trailer cited; no statutory cap under Anti-Abrogation Clause |
Source: SetCalc analysis of Arizona pedestrian accident settlement data, 2020 to 2026. Cited verdicts: $5M Maricopa County (22yo fatally struck by tractor-trailer, wrongful death to parents and wife); $1.3M (70yo parking lot crosswalk strike); $1M (pedestrian struck walking along roadway); $600K (Scottsdale parking lot elderly). Arizona's Anti-Abrogation Clause means no statutory cap binds severe-injury or wrongful death cases; recovery is limited only by available liability layers and the venue's jury tendencies.
How to Maximize Your Arizona Pedestrian Settlement
Five steps tailored to Arizona pedestrian cases. Each addresses the 180-day ARS 12-821.01 notice, the ARS 28-792 negligence per se, the constitutional no-caps damages framework, the MedPay + UM/UIM stack, and the monsoon-haboob dynamic.
Identify the At-Fault Vehicle and All Public-Entity Defendants Within Days
Arizona's 180-day ARS 12-821.01 notice is the strictest procedural deadline. If ADOT, DPS, Maricopa or Pima County, Phoenix, Tucson, Mesa, Scottsdale, Tempe, Valley Metro, school district, or any public-entity vehicle was involved (OR a dangerous-condition claim exists), file the notice with facts, a specific settlement amount, and supporting facts. Failure to comply is an absolute bar.
Key point: The 2-year ARS 12-542 SOL is much longer but does NOT override the 180-day notice requirement.
Demand the Traffic Crash Report and Any ARS 28-792 Citation
The AZ DPS, Phoenix PD, Mesa PD, or local agency's crash report contains the officer's preliminary fault analysis and any vehicle code citations. An ARS 28-792 citation against the at-fault driver supports negligence per se. Subpoena body-cam, dash-cam, 911 audio, and witness statements.
Key point: For fatal or major-injury crashes, request the DPS or city traffic-homicide unit major-crash investigation report with reconstruction.
Build the Constitutional No-Caps Damages Case
Arizona's Anti-Abrogation Clause means no statutory cap on damages. For catastrophic-injury cases, develop the full damages picture aggressively: hire a life-care planner to project decades of future medical needs, hire a vocational rehabilitation expert and economist to project lost earning capacity, document pain and suffering with treating providers' notes, photographs, journal entries, and family testimony.
Key point: Unlike Colorado ($1.5M cap) or Texas (various caps), AZ juries can award uncapped damages. The $5,000,000 Maricopa County tractor-trailer pedestrian-fatality verdict illustrates the upside.
Stack MedPay, Health Insurance, Liens, and UM/UIM
AZ has no PIP. Stack: health insurance + MedPay (optional, $1K-$10K typical, follows you as a pedestrian) + medical liens + at-fault BI (CO min 25/50/15) + your own UM/UIM (mandatory offer, waivable). UM/UIM follows the pedestrian and is critical against minimum-policy at-fault drivers.
Key point: Arizona's minimum BI is only $25K per person; UM/UIM is your protection against an insufficient at-fault policy.
Account for Monsoon-Season Haboob Dynamics If Applicable
If the crash occurred during monsoon season (June-September) and weather was a factor, pull the DPS weather log, NWS Phoenix dust-storm advisory, ADOT variable-message-sign records, and traffic-camera footage. ARS 28-701 requires drivers to operate at speed reasonable and prudent under existing conditions; weather does NOT excuse the duty.
Key point: For damages calculation see our pain and suffering calculator. For AZ auto framework basics see our Arizona car accident guide.
Arizona Pedestrian Settlement Examples
Five Arizona pedestrian scenarios calibrated to the Anti-Abrogation no-caps rule, pure comparative negligence, the ARS 28-792 framework, the 180-day public-entity notice, and the monsoon-haboob dynamic.
Example 1: Maricopa County Tractor-Trailer Pedestrian Wrongful Death (Cited Verdict)
Case Details:
- 22-year-old man fatally struck by tractor-trailer
- Maricopa County (Phoenix metro)
- Wrongful death claim brought by parents and wife
- Commercial trucking defendant (high policy + umbrella)
- Constitutional no-caps under Anti-Abrogation Clause
- Pure comparative under ARS 12-2505
Outcome:
- Jury verdict: $5,000,000
- Truck company commercial auto + umbrella
- Allocation between parents and spouse
Cited Verdict:
$5,000,000
Maricopa County venue, commercial-trucking defendant with substantial coverage, young decedent's future earning capacity (economic) + grief and consortium (non-economic) both uncapped under Anti-Abrogation Clause.
Example 2: 70-Year-Old Parking Lot Crosswalk Strike (Cited Settlement)
Case Details:
- 70-year-old woman struck in parking lot crosswalk
- Arizona venue (specific city not disclosed)
- Driver failed to yield in marked crosswalk
- ARS 28-792 negligence per se
- Premises-liability layer (parking lot owner)
- Elderly plaintiff age factors into damages
Outcome:
- Settlement: $1,300,000
- Driver's policy + parking lot premises liability
- Multi-defendant allocation
Cited Settlement:
$1,300,000
Marked-crosswalk strike supports ARS 28-792 negligence per se; elderly plaintiff with vulnerability creates jury sympathy; premises-liability layer adds defendant capacity.
Example 3: Phoenix 7th Avenue & Camelback Crosswalk Strike (Hypothetical)
Case Details:
- Pedestrian struck in marked crosswalk at 7th Avenue and Camelback
- Driver ran red light, made left turn into pedestrian
- Severe TBI with cognitive deficit
- Tibial plateau fracture (ORIF surgical)
- Past medical: $285,000
- Life-care plan: $1.8M future medical
- Lost earning capacity: $850,000
- 0% comparative fault (walk signal + crosswalk)
Settlement Breakdown:
- Economic damages: $2,935,000 (uncapped)
- Non-economic damages: uncapped (Anti-Abrogation)
- Estimated total: $4,000,000 - $6,500,000
- Available liability stack determines recovery
Estimated Range:
$3,500,000 - $6,500,000
Phoenix venue (jury aware of pedestrian fatality crisis); ARS 28-792 negligence per se + red-light violation under ARS 28-645; constitutional no-caps means jury can award full damages.
Example 4: Valley Metro Bus Strike (Public-Entity 180-Day Notice)
Case Details:
- Pedestrian struck by Valley Metro bus at Tempe intersection
- Pedestrian in marked crosswalk with walk signal
- Femur fracture (surgical) + concussion
- Medical bills: $185,000
- Public-entity defendant (Valley Metro / regional transit)
- 180-day ARS 12-821.01 notice filed timely
- Notice contained specific settlement amount and supporting facts
Settlement Breakdown:
- Gross damages estimate: $675,000
- 0% comparative fault (walk signal + crosswalk)
- No constitutional damage cap on public entity
- Public-entity self-insurance or excess
Estimated Range:
$550,000 - $750,000
Valley Metro public-entity defendant, no constitutional cap applies in AZ (unlike most states); 180-day notice properly filed unlocks the case; clear walk-signal liability eliminates comparative-fault risk.
Example 5: Monsoon-Season Haboob Crash (Hypothetical, July Phoenix)
Case Details:
- Pedestrian struck on Cactus Road during July haboob
- Visibility near zero; NWS dust-storm advisory active
- Driver continued through storm despite ADOT "Pull Aside Stay Alive" guidance
- Pelvic fracture (surgical) + head laceration
- Medical bills: $135,000
- Lost wages: $42,000
- Weather is comparative-fault consideration, not defense
Settlement Breakdown:
- Gross damages: $525,000 (3x P&S multiplier)
- Comparative fault: 25% (low visibility for pedestrian too)
- Net recovery: $393,750
- Available coverage: $250K BI + $100K UM stack
Estimated Range:
$300,000 - $400,000
Monsoon-season haboob; ARS 28-701 reasonable-and-prudent-speed violation eliminates weather defense; ADOT "Pull Aside Stay Alive" record establishes driver should have stopped; pure comparative ensures recovery despite shared visibility limit.
For broken bone settlement data see our broken bone settlement calculator. For AZ auto framework basics see our Arizona car accident guide.
Calculate Your Arizona Pedestrian Settlement Value
Every Arizona pedestrian case is different. Your settlement value depends on the vehicle that struck you, the strike location, the ARS 28-792 evidence, the public-entity 180-day notice timing, the available MedPay + UM/UIM stack, the injury severity, the venue (Maricopa, Pima, rural), and any monsoon-season weather factor.
AZ Pedestrian Framework Analysis
- • Anti-Abrogation Clause no-caps damages framing
- • ARS 12-2505 pure comparative analysis
- • ARS 28-792 negligence per se evaluation
- • 180-day ARS 12-821.01 public-entity notice
- • MedPay + UM/UIM stack (no PIP)
- • Monsoon-haboob dynamic if applicable
Case-Specific Analysis
- • Strike location (crosswalk, mid-block, signal status)
- • Injury type and severity
- • Treatment type (conservative vs surgical)
- • County venue (Maricopa, Pima, Yavapai, rural)
- • Available insurance layers (BI, MedPay, UM/UIM, umbrella)
- • Night or low-light strike conditions
What Is Your Arizona Pedestrian Case Really Worth?
Arizona pedestrian claims uniquely combine the constitutional Anti-Abrogation no-caps rule, pure comparative negligence under ARS 12-2505, ARS 28-792 negligence per se, the strict 180-day public-entity notice, and the unique monsoon-haboob dynamic. Get an Arizona-specific estimate based on real settlement data, reviewed by a licensed personal injury attorney.
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