12 News reported that Phoenix police are investigating a crash at 55th Avenue and Indian School Road that left four people hospitalized, one of them with life-threatening injuries. No findings about cause or responsibility have been announced.
When four people are hurt in a single collision and one has life-threatening injuries, the central legal problem is usually not who was negligent; it is whether the available insurance can cover everyone. Arizona requires only $25,000 per person and $50,000 per accident in bodily injury liability coverage, so a policy at the minimum can be exhausted by one intensive care admission before the other injured people file anything. Each claimant has a separate claim, but they draw from the same limits, and insurers often try to resolve the file quickly with a single global settlement. That makes it important to identify every possible source of payment early: other drivers' policies, umbrella policies, employer coverage if a vehicle was being used for work, and the injured person's own underinsured motorist coverage. Under A.R.S. § 12-542 a personal injury lawsuit must generally be filed within two years, which is also the window for finding those policies.
The deadlines that actually control your case
A.R.S. § 12-542 gives you two years from the date of injury to file a personal injury lawsuit in Arizona. If someone dies, the wrongful death claim belongs to a defined group of surviving family members under A.R.S. § 12-611 through A.R.S. § 12-613, and the claims the deceased person held at death pass to the estate under A.R.S. § 14-3110.
There is a much shorter deadline if a public entity or a public employee turns out to be involved. A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues. That includes claims against a city, a county, the state, a school district, or a transit agency. Missing the 180-day notice usually ends the claim outright, even though the two-year lawsuit deadline has not run. When you do not yet know who was driving what, assume the shorter clock applies until you can rule it out.
Shared fault does not end your claim
Arizona uses pure comparative fault under A.R.S. § 12-2505. If a jury assigns you a share of responsibility, your recovery is reduced by that percentage rather than eliminated. Someone found 30 percent at fault recovers 70 percent of proven damages. There is no cutoff percentage in Arizona, which matters because insurers frequently open negotiations by assigning fault to the injured person on thin evidence.
Comparative fault also means that in a multi-vehicle collision, more than one driver can be partly liable, and more than one policy can be on the hook. Do not accept an early assessment from an adjuster about how fault will be divided. An investigation is open, and the police findings, any independent witnesses, and scene evidence come later.
Practical steps in the first weeks
- Request the Phoenix police report once it is released, and note the report number from any paperwork given at the scene or hospital.
- Give notice to your own auto insurer promptly, including medical payments and underinsured motorist coverage, even if another driver appears responsible. Those are separate coverages you paid for.
- Keep every medical record, discharge instruction, and bill. For a critically injured person, have a family member start a dated log of procedures, transfers, and missed work.
- Do not give a recorded statement to another driver's insurer before you understand the coverage picture. You are not required to.
- Photograph injuries as they heal and preserve damaged clothing, car seats, and devices.
- If a critically injured person cannot make decisions, ask about a guardianship or conservatorship so someone has legal authority to sign medical and claim paperwork.
If you or a family member was hurt in this collision, our Phoenix car accident attorneys can explain your options.