ABC15 reported that one person was killed and another was injured in a wrong-way crash on US-93 near the Nevada-Arizona state line on Sunday night. No further details about the vehicles, the people involved, or the cause have been reported, and nothing has been determined about fault.
In Arizona, a death caused by another driver's negligence is handled under the wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613. The claim belongs to a defined group: the surviving spouse, children, parents, or the guardian, and if none of those bring it, the personal representative of the estate may file on the estate's behalf. Damages can include the loss of the deceased person's income and services, funeral and burial costs, and the grief and loss of companionship suffered by the surviving family. Separately, A.R.S. § 14-3110 allows a survival action for the losses the person suffered before death, including medical expenses and pain endured. A passenger or other driver who survives with injuries brings a standard negligence claim in their own name. Both types of case are generally subject to the two-year deadline in A.R.S. § 12-542, and fault is apportioned under the pure comparative fault rule in A.R.S. § 12-2505.
A Crash Near the State Line Raises a Jurisdiction Question First
When a collision happens near a border, the first thing to pin down is which side of the line it occurred on. That single fact drives which state's law governs the claim, which court hears it, and which agency's report you request. If the crash occurred in Arizona, the two-year deadline in A.R.S. § 12-542 applies to both the wrongful death claim and the injured person's claim, and Arizona's pure comparative fault rule in A.R.S. § 12-2505 controls how responsibility is divided. Nevada law sets its own deadlines and its own fault rules, and they are not the same. Do not assume you have two years until someone has confirmed where the point of impact was.
One more deadline worth knowing: if any government entity or public employee ends up being a defendant in an Arizona case, A.R.S. § 12-821.01 requires a written notice of claim within 180 days of when the claim accrues. Miss that window and the claim against that entity is barred, no matter how much time is left on the two-year statute.
What a Wrong-Way Case Usually Turns On
Investigators in these cases typically look at how a vehicle came to be traveling against traffic: entry point onto the highway, signage and roadway design at that entry point, vehicle speed and braking data, and whether impairment or a medical event was a factor. If authorities pursue an impaired driving charge, that criminal case proceeds under A.R.S. § 28-1381 and runs separately from any civil claim. A criminal charge is an accusation, not a finding, and a civil claim does not have to wait for the criminal case to end.
Insurance is often the practical limit on recovery. Look at the at-fault driver's liability coverage, any commercial policy if a vehicle was being used for work, and the underinsured and uninsured motorist coverage on the policies of the deceased person and the injured person. In fatal crashes, liability limits are frequently exhausted quickly, and UM/UIM coverage on your own policy is the layer people most often forget to check.
Practical Steps in the First Weeks
Request the crash report from the investigating agency once it is released, and ask whether a reconstruction unit responded. Do not give a recorded statement to any insurer, including your own, before you understand what the claim involves; adjusters are entitled to basic facts, not to your speculation about what happened. Keep the vehicles from being repaired, salvaged, or crushed until they have been inspected, because event data recorder information and crush damage are evidence that disappears the moment a vehicle is scrapped.
For a family, one early step matters more than most: determining who has authority to act. A wrongful death claim under A.R.S. § 12-612 must be brought by a statutory beneficiary, and a survival claim under A.R.S. § 14-3110 is brought by the personal representative of the estate, which usually means opening a probate matter. Starting that process early prevents a scramble later. Meanwhile, keep medical records, bills, funeral expenses, and proof of lost income in one place.
If your family is facing a fatal collision, our Arizona wrongful death attorneys can explain your options and the deadlines that apply to your situation.