12 News reported that one person died in a hit-and-run crash in Phoenix. Phoenix police said the crash took place near 5th Avenue and Indian School Road, and Indian School Road was closed between 3rd and 7th Avenues. No further details were released in the report.
When a driver leaves the scene of a fatal collision in Arizona, the family's civil claim does not depend on whether police ever identify that driver. Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, let a surviving spouse, child, parent, or the personal representative of the estate bring a claim for the survivors' losses, and A.R.S. § 14-3110 preserves certain claims that belonged to the person who died. Leaving the scene is separately addressed by A.R.S. § 28-661, which imposes a duty to stop and remain at a crash involving death or injury; a criminal case under that statute is not the same proceeding as the family's civil claim and does not have to finish first. If the driver is never found, uninsured motorist coverage on a household auto policy often becomes the source of recovery, since a hit-and-run driver is treated as uninsured under most Arizona policies.
Who Can File, and How Long They Have
Under A.R.S. § 12-611 through A.R.S. § 12-613, a wrongful death action in Arizona is brought by or on behalf of the surviving spouse, children, or parents of the person who died, or by the personal representative of the estate on their behalf. It is a single action; the family does not file separate competing lawsuits. Damages under these sections belong to the survivors and can include loss of companionship, guidance, and financial support, along with the grief and mourning the statute recognizes.
A separate claim under A.R.S. § 14-3110 covers losses the person who died sustained personally before death, and that claim runs through the estate.
The deadline for most of these claims is two years under A.R.S. § 12-542. If any claim would run against a city, county, or state entity, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and missing that notice deadline can end the claim before the two-year period ever matters. Because that 180-day window is short, families should get advice early rather than waiting for a criminal investigation to conclude.
Building the Case When the Driver Is Unknown
Hit-and-run cases are won on evidence collected in the first days. Practical steps that matter:
- Request the police report and the incident number, and keep a written record of every officer and detective you speak with.
- Ask nearby businesses and residences about exterior camera footage right away. Many systems overwrite in a matter of days.
- Preserve the vehicle involved and anything recovered from the scene. Debris left behind can identify a make and model.
- Locate the auto insurance policies of every household member. Uninsured motorist coverage frequently applies to a hit-and-run, and there may be more than one policy available.
- Notify the insurer promptly but do not give a recorded statement before you understand what coverage you are claiming under.
- Keep funeral and medical billing in one place, along with records showing the financial support the household relied on.
Fault Arguments Insurers Raise, Even Against a Fleeing Driver
Arizona follows pure comparative fault under A.R.S. § 12-2505. A jury assigns a percentage of fault to each person involved, and a recovery is reduced by the percentage assigned to the person who was killed. There is no cutoff; even a large share of fault does not bar recovery entirely, it reduces it.
This matters in hit-and-run claims because an insurer defending an uninsured motorist claim has an incentive to shift blame toward the person who cannot answer. Independent evidence, including scene measurements, signal timing, and camera footage, is what pushes back. So does A.R.S. § 28-661, since a driver's decision to leave a scene involving death is itself conduct a jury is entitled to weigh.
Nothing in the reporting establishes fault, and no one has been charged or convicted. Whether a claim is worth pursuing turns on facts that are still being gathered.
If your family lost someone in a crash in the city, our Phoenix wrongful death attorneys can explain what deadlines apply to your situation.