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). · cites it 10× “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). · cites it 2× “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). · cites it 2× “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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