Who Is Liable When a Pedestrian Is Injured by a Driver Making a Right Turn on Red?

TL;DR: In Arizona, drivers are generally allowed to turn right at a red light after coming to a complete stop, but they must yield to pedestrians who have the right-of-way. If a driver strikes a pedestrian while making a right turn on red, they may be held liable for the resulting injuries. However, liability depends on the circumstances, including traffic signals, pedestrian behavior, and whether the driver followed Arizona traffic laws. Injured pedestrians may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Intersections are among the most dangerous places for pedestrians, especially when drivers are making turns. While turning right on red is legal in many situations throughout Arizona, drivers must remain alert and yield to pedestrians before proceeding.

Unfortunately, some drivers focus on approaching traffic from the left and fail to notice pedestrians crossing directly in front of their vehicles.

When a pedestrian is struck by a driver making a right turn on red, determining liability is an important step in pursuing compensation. Understanding Arizona’s traffic laws, pedestrian right-of-way rules, and comparative negligence laws can help injured pedestrians protect their legal rights.

What Are Arizona’s Right Turn on Red Laws?

Under Arizona Revised Statutes § 28-645, drivers are generally permitted to make a right turn at a red traffic signal unless a posted sign prohibits the maneuver.

However, drivers must follow specific requirements before completing the turn:

• Come to a complete stop
  • Drivers must stop at the appropriate stop line, before entering the crosswalk, or before entering the intersection, as applicable.
• Yield to pedestrians
  • Drivers must yield to pedestrians who are lawfully crossing the intersection.
• Yield to other traffic
  • Drivers must allow vehicles proceeding through the intersection with the right-of-way to pass.
• Follow posted signs
  • Drivers cannot turn right on red when a sign specifically prohibits the turn.
• Proceed only when safe
  • Drivers must check their surroundings and avoid creating a hazard for pedestrians or other road users.

Failing to follow these requirements can constitute evidence of negligence if an accident occurs.

For example, a driver approaching a red light may look left for oncoming vehicles while overlooking a pedestrian entering the crosswalk from the right. Even if the driver believes the intersection is clear, failing to yield to a pedestrian with the right-of-way can result in liability.

Who Has the Right-of-Way When a Driver Turns Right on Red?

Pedestrian right-of-way laws play a significant role in determining fault after a right turn on red pedestrian accident. In Arizona, pedestrians generally have the right-of-way when crossing an intersection in accordance with a pedestrian walk signal or other applicable traffic controls.

Under A.R.S. § 28-646, pedestrian control signals establish when pedestrians may begin crossing an intersection. A pedestrian who begins crossing during a WALK indication is generally permitted to finish crossing even if the signal changes while they are in the crosswalk.

Drivers turning right on red must yield to pedestrians who are lawfully within the crosswalk.

For example, if a pedestrian receives a WALK signal and begins crossing while a driver waits at a red light, the driver cannot legally turn into the pedestrian’s path simply because right turns on red are permitted.

However, pedestrian right-of-way rules can vary depending on the intersection’s signals, markings, and circumstances. Pedestrians must also obey applicable traffic controls and exercise reasonable care.

Is a Driver Automatically at Fault for Hitting a Pedestrian While Turning Right on Red?

Not necessarily. Although drivers have important responsibilities when turning right on red, liability is not automatically assigned simply because a vehicle strikes a pedestrian.

Investigators, insurance companies, and attorneys may consider several factors when determining responsibility, including:

• Whether the driver came to a complete stop before turning
• Whether the pedestrian had a WALK or DON’T WALK signal
• Whether the pedestrian was inside a marked or unmarked crosswalk
• Whether the driver was distracted or looking in another direction
• Whether the driver was speeding or turning too quickly
• Whether visibility was limited by parked vehicles, landscaping, or other obstructions
• Whether either party violated applicable traffic laws

A driver who rolls through a red light without stopping and strikes a pedestrian lawfully crossing the street may be found negligent. However, if a pedestrian unexpectedly enters the roadway against a traffic signal, the circumstances may support assigning some responsibility to the pedestrian.

Each accident requires an individual evaluation of the available evidence.

Can a Pedestrian Be Partially at Fault for a Right Turn on Red Accident?

Yes. Pedestrians have legal responsibilities when crossing streets and intersections.

For example, a pedestrian may share responsibility if they:

• Enter an intersection against a pedestrian signal
• Suddenly step into the path of an approaching vehicle
• Cross outside a designated crosswalk without yielding when required
• Fail to exercise reasonable care under the circumstances

However, a pedestrian’s actions do not automatically eliminate the driver’s responsibility. Arizona follows a pure comparative negligence system under A.R.S. § 12-2505. This means an injured pedestrian may still recover compensation even if they share some responsibility for the accident, although their compensation may be reduced according to their percentage of fault.

For example, suppose a pedestrian suffers $100,000 in damages after being struck by a driver turning right on red. If the pedestrian is found 20% responsible and the driver 80% responsible, the pedestrian’s recoverable damages may be reduced to $80,000.

Because insurance companies may attempt to assign additional fault to pedestrians, gathering evidence after an accident is particularly important.

What If a Pedestrian Is Hit While Crossing Outside a Marked Crosswalk?

Not every pedestrian crossing takes place inside a painted crosswalk. Arizona recognizes certain unmarked crosswalks at intersections, meaning pedestrians may have legal protections even when painted crosswalk lines are absent.

Under A.R.S. § 28-793, pedestrians crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles on the roadway. However, drivers still have a duty to exercise reasonable care to avoid collisions with pedestrians under A.R.S. § 28-794.

Therefore, a pedestrian crossing outside a marked crosswalk is not necessarily prohibited from pursuing compensation after being struck by a vehicle.

Liability depends on where the pedestrian was crossing, whether an unmarked crosswalk existed, the applicable traffic controls, and whether the driver acted reasonably.

Why Are Right Turn on Red Pedestrian Accidents So Common?

Right turn on red accidents can occur because drivers must divide their attention between several potential hazards.

When preparing to turn, drivers often look left to identify gaps in traffic. This can cause them to overlook pedestrians approaching from the right or crossing directly in front of their vehicles.

Other contributing factors may include:

• Rolling stops
  • Some drivers slow down at red lights without coming to a complete stop, reducing their opportunity to notice pedestrians.
• Distracted driving
  • Using a phone, adjusting navigation, or engaging with passengers can prevent drivers from seeing someone entering a crosswalk.
• Obstructed visibility
  • Large vehicles, roadside signs, parked cars, and landscaping can make pedestrians harder to see.
• Poor lighting
  • Early morning, evening, and nighttime conditions may reduce pedestrian visibility.
• Driver impatience
  • Drivers rushing to complete a turn may misjudge whether the intersection is clear.

Regardless of the contributing factors, drivers are expected to follow traffic laws and exercise reasonable care when turning through areas where pedestrians may be present.

What Evidence Can Help Prove Liability After a Pedestrian Accident?

Establishing liability often requires demonstrating that the driver acted negligently and that their negligence caused the pedestrian’s injuries.

Important evidence may include:

Traffic Camera and Surveillance Footage

Video recordings may show whether the driver stopped at the red light, whether the pedestrian entered the crosswalk legally, and how the collision occurred. Nearby businesses may also have surveillance cameras that captured the accident.

Witness Statements

Independent witnesses may help establish the traffic signal sequence, the driver’s behavior, and the pedestrian’s location when the collision occurred.

Police Reports

A police report may contain observations, witness information, diagrams, and citations issued after the accident. Although a police report does not necessarily determine civil liability, it can provide valuable information.

Photographs of the Accident Scene

Photographs may document crosswalk markings, traffic signals, intersection design, visibility obstructions, vehicle positions, and other relevant conditions.

Medical Records

Medical documentation can connect the pedestrian’s injuries to the accident and help establish the severity of the resulting damages.

An Arizona pedestrian accident attorney can help identify, preserve, and evaluate evidence that may support an injury claim.

What Compensation Can an Injured Pedestrian Recover in Arizona?

Pedestrians injured by negligent drivers may be entitled to compensation for economic and non-economic damages.

Depending on the circumstances, recoverable damages may include:

• Medical expenses
  • Emergency treatment, hospitalization, surgery, medication, rehabilitation, and follow-up care.
• Future medical costs
  • Ongoing treatment, physical therapy, and long-term medical needs.
• Lost wages
  • Income lost while recovering from accident-related injuries.
• Reduced earning capacity
  • Compensation when injuries affect the ability to work or earn income in the future.
• Pain and suffering
  • Physical pain and emotional distress resulting from the accident.
• Permanent disability
  • Long-term physical limitations or impairments caused by serious injuries.
• Loss of enjoyment of life
  • The inability to participate in activities previously enjoyed.

The amount of compensation available depends on the severity of the injuries, the available insurance coverage, the evidence of negligence, and other circumstances.

What Should You Do After Being Hit by a Driver Turning Right on Red?

Taking appropriate steps after a pedestrian accident can help protect your health and preserve important evidence.

1. Seek medical attention.

Even if injuries initially appear minor, a medical evaluation can identify conditions that may not be immediately apparent.

2. Report the accident.

Contact law enforcement so the collision can be documented.

3. Gather information.

If you can do so safely, obtain the driver’s name, contact information, insurance details, and vehicle information.

4. Document the scene.

Take photographs of the intersection, traffic signals, crosswalk, vehicle, and visible injuries.

5. Identify witnesses.

Obtain contact information from anyone who observed the collision.

6. Preserve records.

Keep medical bills, treatment records, employment documentation, and communications with insurance companies.

7. Speak with an attorney.

An Arizona pedestrian accident lawyer can evaluate your case and explain your options for pursuing compensation. Avoid accepting an insurance settlement before understanding the full extent of your injuries and potential future medical needs.

How Long Do You Have to File a Pedestrian Injury Claim in Arizona?

Under A.R.S. § 12-542, most Arizona personal injury lawsuits must be filed within two years of the date the injury occurs.
However, exceptions and special deadlines may apply.

For example, claims against Arizona public entities or public employees may be subject to a notice-of-claim requirement within 180 days under A.R.S. § 12-821.01, along with a generally applicable one-year lawsuit deadline under A.R.S. § 12-821.

Other circumstances, including the injured person’s age, may affect the applicable deadline.

Because evidence can disappear and filing deadlines vary, speaking with an attorney soon after an accident can help protect your rights.

Frequently Asked Questions About Right Turn on Red Pedestrian Accidents

Do Pedestrians Have the Right-of-Way Over Cars Turning Right on Red in Arizona?

Pedestrians lawfully crossing an intersection generally have the right-of-way over drivers making a right turn on red. Drivers must stop and yield before proceeding. However, the applicable traffic signals and circumstances of the crossing can affect the determination of fault.

Can You Sue a Driver Who Hits You While Turning Right on Red?

Yes. If a driver’s negligence causes a pedestrian accident, the injured pedestrian may have grounds to pursue a personal injury claim or lawsuit. Potential compensation depends on the injuries, liability, and other relevant factors.

What If the Driver Stopped Before Turning but Still Hit a Pedestrian?

Coming to a complete stop does not automatically protect a driver from liability. Drivers must also yield to pedestrians with the right-of-way and exercise reasonable care before completing the turn.

Does Car Insurance Cover Pedestrian Injuries in Arizona?

A negligent driver’s automobile liability insurance may provide coverage for injuries suffered by a pedestrian, subject to policy terms and coverage limits. Other insurance coverage may also be available depending on the circumstances.

What If the Pedestrian Was Crossing Against the Signal?

Crossing against a pedestrian signal may affect the pedestrian’s percentage of fault. However, Arizona’s comparative negligence laws may still allow the pedestrian to recover reduced compensation if the driver also contributed to the collision.

Should You Hire a Lawyer After a Right Turn on Red Pedestrian Accident?

An attorney can help investigate the collision, review traffic laws, communicate with insurance companies, evaluate damages, and determine whether a personal injury claim is appropriate.

Injured by a Driver Turning Right on Red? Contact the Law Offices of Sonja Duckstein

Pedestrian accidents can result in serious injuries, expensive medical treatment, missed work, and long-term physical challenges. When a driver fails to yield while making a right turn on red, an injured pedestrian may have the right to pursue compensation.

At the Law Offices of Sonja Duckstein, we understand the challenges injured pedestrians face after an unexpected accident. Our firm helps Arizona injury victims understand their legal rights, investigate negligence, and pursue compensation for their losses.

If you or a loved one has been injured by a driver making a right turn on red, you do not have to navigate the legal process alone.

Contact the Law Offices of Sonja Duckstein today to discuss your accident and learn more about your legal options. Visit www.accidentinjuryattorneyaz.com to get started.

This article is intended for general informational purposes and does not constitute legal advice. Every pedestrian accident involves unique facts, and the outcome of a claim depends on the applicable law and circumstances.