A 44-year-old man died after being struck by a vehicle while crossing East Van Buren Street outside a marked crosswalk just before midnight last Sunday, according to Phoenix police. Sharmarke Ismail was found by emergency crews seriously injured and lying in the road near 48th and Van Buren streets, and he was later transported to a nearby hospital, where he died.
Police officers were called to the pedestrian crash near 48th and Van Buren streets, and investigators say Ismail was attempting to cross 48th Street outside a marked crosswalk when he was hit, according to AZ Family. The driver involved was not impaired at the time of the collision and stayed at the crash scene, authorities said. As of Monday, the crash investigation remains ongoing.
A Corridor Built for Speed, Not Foot Traffic
East Van Buren Street is a major arterial corridor in East Phoenix that connects toward the Loop 202 freeway and Tempe, with posted speed limits reaching 45 mph east of 48th Street, per legal records reviewed by AZ Law Now. That kind of roadway design, built to move vehicles quickly through the corridor, can leave little room for error when someone attempts to cross mid-block after dark.
Under Arizona Revised Statutes § 28-793, pedestrians crossing a roadway anywhere other than within a marked crosswalk or an unmarked intersection crosswalk are legally required to yield the right-of-way to vehicles on the street, according to the Arizona State Legislature. But that obligation doesn’t erase a driver’s own responsibilities. Under Arizona Revised Statutes § 28-794, drivers must still exercise due care to avoid colliding with any pedestrian on any roadway, including sounding the horn when necessary and using extra caution when hazards are present, the Phillips Law Group notes…