What Happens When a Pedestrian Causes a Tempe Car Accident?
Most people assume that in a collision involving a car and a pedestrian, the driver is automatically at fault. After all, cars are bigger, faster, and more dangerous. But the reality is more nuanced. In some cases, pedestrians can actually cause or contribute to crashes—leaving drivers facing injuries, property damage, and legal headaches they didn’t expect.
So what happens when a pedestrian’s actions trigger a collision in Tempe? The Tempe car accident attorney team explains how liability works, what evidence matters, and what drivers should know about protecting their rights in these unusual but complex situations.
How Pedestrians Can Cause Car Accidents
Pedestrians have the right to cross streets safely, but that doesn’t mean they can ignore traffic rules. Accidents sometimes happen because a pedestrian:
Steps into traffic outside a crosswalk or against a signal
Crosses while distracted by a phone or headphones
Suddenly darts into the roadway, leaving no time to stop
Walks into high-traffic areas at night without visibility
In busy areas like Downtown Tempe or near the university, pedestrian traffic is high and unpredictable, especially when people are rushing, distracted, or impaired. Drivers may have to brake suddenly or swerve, leading to multi-vehicle accidents or property damage.
Determining Liability When a Pedestrian Is at Fault
Arizona follows a fault-based system for car accidents, meaning whoever causes the accident is financially responsible for resulting injuries and property damage. If a pedestrian’s behavior directly causes a crash—like stepping into a lane against a signal or running into traffic—liability can fall on them.
However, pedestrians often lack insurance coverage to pay for damages, which complicates recovery. Drivers may need to rely on their own collision coverage or uninsured motorist protection if injuries or property damage are significant.
Comparative Negligence in Arizona
Even when a pedestrian contributes to a crash, drivers still have responsibilities. Arizona uses a pure comparative negligence system, meaning liability can be divided between multiple parties.
For example, if a pedestrian darted into traffic but the driver was speeding, both could share blame. In this case, compensation would be reduced by each party’s percentage of fault. If the driver was 20% at fault and had $10,000 in damages, they could still recover $8,000, but their payout would be reduced.
This rule applies to everyone—drivers, passengers, and pedestrians—so even when the pedestrian is primarily responsible, fault isn’t always one-sided.
Evidence That Helps Clarify Fault
Proving a pedestrian caused a crash often comes down to evidence. The more documentation you have, the clearer the picture of what happened:
Dashcam footage: Shows exactly where the pedestrian came from and what traffic signals displayed at the time.
Witness statements: Neutral observations can help verify that the pedestrian entered traffic unsafely.
Police reports: Officers often record key details about crosswalk signals, skid marks, and driver reactions.
Surveillance video: In commercial areas, nearby businesses often have cameras that capture critical moments.
Because pedestrians may leave the scene after causing a crash, preserving evidence immediately is key to protecting yourself as a driver.
Can a Driver Sue a Pedestrian?
Yes, but collecting compensation is often difficult. Many pedestrians don’t have liability insurance unless they have certain types of homeowner’s or renter’s insurance policies that might provide coverage.
If a pedestrian’s reckless or negligent actions caused significant injuries or property damage, a lawsuit may be an option, but recovery can be limited if the pedestrian lacks assets. In these cases, drivers often turn to their own coverage, including:
Collision coverage: To repair or replace their vehicle.
Medical payments coverage: For injury-related expenses.
Uninsured motorist coverage: If the pedestrian’s actions are treated similarly to an uninsured at-fault driver.
What If Multiple Cars Are Involved?
Sometimes, a pedestrian’s mistake sets off a chain reaction—like when one car brakes suddenly, causing rear-end collisions. In these scenarios, fault may be divided among multiple parties, depending on how each driver responded.
For example, if one driver was tailgating and couldn’t stop in time, they may share fault even though the pedestrian triggered the initial emergency. These multi-vehicle scenarios often require accident reconstruction or review of video evidence to determine how responsibility should be divided.
How This Differs From Typical Pedestrian Injury Claims
Most pedestrian-related claims focus on drivers hitting people, often resulting in severe injuries like spinal cord trauma or traumatic brain injury. When pedestrians cause accidents, the injuries often occur to drivers and passengers instead.
This reversal doesn’t change the legal principles—negligence still matters—but it does change how claims are processed, often requiring drivers to pursue coverage they wouldn’t normally need after a standard collision.
Preventing Pedestrian-Triggered Crashes
For drivers:
Stay alert in high-foot-traffic areas like campuses, nightlife districts, and large parking lots.
Slow down near intersections and crosswalks, especially at night.
Keep your dashcam running if you have one—it can be crucial evidence in disputes.
For pedestrians:
Use marked crosswalks and obey signals.
Avoid distractions like phones or headphones while crossing.
Wear visible clothing at night and stay alert to approaching vehicles.
Final Thoughts
While drivers are often assumed to be at fault in pedestrian accidents, pedestrians can and do cause collisions in Tempe. When that happens, drivers still have rights—but proving fault and recovering compensation can be more complicated.
Understanding comparative negligence, preserving evidence, and knowing which insurance coverages may apply can help drivers navigate these unusual situations. Whether the pedestrian was distracted, impaired, or simply careless, liability law still applies—and drivers injured or facing vehicle damage don’t have to carry the burden alone.
