Arizona Revised Statutes
Ariz. Rev. Stat. § 28-794 (2026)
Drivers to exercise due care
✓ current as of May 2026
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Notwithstanding the provisions of this chapter every driver of a vehicle shall:
1. Exercise due care to avoid colliding with any pedestrian on any roadway.
2. Give warning by sounding the horn when necessary.
3. Exercise proper precaution on observing a child or a confused or incapacitated person on a roadway.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1972–2024 · leading case: Lyle v. Boyle, 492 P.2d 447 (Ariz. Ct. App. 1972).
Lyle v. Boyle, 492 P.2d 447 (Ariz. Ct. App. 1972). “Secondly, plaintiff argues that the trial court erred in not granting his motion for new trial because defendant was negligent as a matter of law, being in violation of A.R.S. §§ 28-794 and 28-856, and that such violation constituted negligence per se and actionable negligence.”
State of Arizona v. Vivek a Patel, 486 P.3d 188 (Ariz. 2021). “…left; (5) § 28-773, obeying stop sign at an intersection; (6) § 28-792, yielding right-of-way at crosswalk; (7) § 28-794, exercising due care; (8) § 28-797(F), (G), (H), or (I), complying with school crosswalk restrictions; (9) § 28-855(B), obeying where to stop at stop…”
Bergmann Precision, Inc. v. Indus. Comm'n, 15 P.3d 276 (Ariz. Ct. App. 2000). “It is unclear whether the driver could have avoided the accident, see A.R.S. § 28-794(1) (1998), or whether he improperly turned into the curb lane occupied by Claimant.”
Ciancio v. United States (D. Ariz. 2024). “A.R.S. § 28-794; 11 see Young Candy & Tobacco Co.”
— Ariz. Rev. Stat. § 28-794(1) — 1 case
Bergmann Precision, Inc. v. Indus. Comm'n, 15 P.3d 276 (Ariz. Ct. App. 2000). “It is unclear whether the driver could have avoided the accident, see A.R.S. § 28-794(1) (1998), or whether he improperly turned into the curb lane occupied by Claimant.”
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