12 News reported that one person is in critical condition after being hit by multiple vehicles in a hit-and-run in Phoenix. According to that report, police are still looking for the two vehicles involved and are asking people to avoid the area near 35th Avenue and Indian School Road. No one has been identified publicly, and the investigation is ongoing.
When a driver leaves the scene of a crash in Arizona, the injured person is not out of options. A.R.S. § 28-661 requires any driver involved in a collision involving injury or death to stop immediately, remain at the scene, and give aid and identifying information; leaving is a felony. But a criminal case is separate from a civil claim, and a civil claim does not depend on the driver ever being caught. Uninsured motorist coverage on the injured person's own auto policy, or on a resident family member's policy, typically covers hit-and-run injuries when the at-fault driver is never identified, provided the insurer receives prompt notice and a police report documenting the collision. Where more than one vehicle strikes a person, each driver may carry a share of responsibility, and Arizona's pure comparative fault rule in A.R.S. § 12-2505 divides damages by percentage rather than barring recovery outright. Most injury suits must be filed within two years under A.R.S. § 12-542.
What Arizona Law Requires After a Collision
A.R.S. § 28-661 imposes a clear duty on any driver involved in a crash that injures or kills someone: stop at the scene or as close to it as possible, return if you have moved, and stay. The same statute requires the driver to give their name, address, and vehicle registration, show a license on request, and render reasonable assistance, including arranging transport for anyone who needs medical care. Violating that duty is a felony in Arizona.
Two points matter for a family dealing with a critical injury. First, a conviction is not a prerequisite to a civil recovery; the civil case asks whether a driver was negligent, which is a lower standard of proof than a criminal case and a separate proceeding. Second, if a driver is later identified, evidence developed in the criminal investigation, including vehicle debris, surveillance video, and witness statements, often becomes central to the civil claim. Preserving access to that evidence early is more valuable than waiting to see how the investigation ends.
How to Protect a Claim While the Vehicles Are Still Unidentified
The practical steps in the first days carry disproportionate weight in a hit-and-run.
- Report the crash and get the report number. Uninsured motorist coverage for a phantom or fleeing vehicle generally depends on a timely police report. Ask for the number and request a copy as soon as it is released.
- Notify your own auto insurer promptly, in writing. Do this even if you do not yet know whether the policy includes uninsured motorist coverage. Policies impose notice deadlines, and late notice is a common reason claims are denied.
- Check every policy in the household. Uninsured motorist coverage can apply to a resident relative, and coverage may stack across vehicles depending on the policy language.
- Canvass for video quickly. Businesses, apartment buildings, and residential doorbell cameras near an intersection often overwrite footage within days or weeks. A written preservation request to the property owner is worth sending immediately.
- Preserve the physical evidence. Damaged clothing, a bicycle or vehicle, and any parts or debris recovered can help identify a fleeing vehicle. Do not repair or discard anything.
- Keep every medical record and bill. Treat consistently and follow discharge instructions; gaps in treatment are used later to argue the injuries were minor.
- Decline recorded statements to another driver's insurer until you understand your own coverage and the status of the investigation.
Deadlines, Comparative Fault, and Claims After a Death
The general deadline for a personal injury lawsuit in Arizona is two years from the date of injury under A.R.S. § 12-542. If any claim involves a public entity or a public employee, a notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and missing that deadline bars the claim entirely. Uninsured motorist claims are governed by contract deadlines in the policy itself, which can be shorter in practical effect than the statute; read the policy or have it read for you.
Arizona applies pure comparative fault under A.R.S. § 12-2505. A jury assigns a percentage of fault to each party, and damages are reduced by the injured person's share rather than eliminated. In a collision involving more than one vehicle, fault may be apportioned among multiple drivers, and recovery is still possible even if the injured person is found partly at fault.
If a person does not survive their injuries, Arizona recognizes two separate claims. A wrongful death action under A.R.S. § 12-611 to 12-613 belongs to the surviving spouse, children, or parents, and compensates them for their own losses. A survival action under A.R.S. § 14-3110 is brought by the estate for losses the person suffered before death, such as medical expenses. The two are filed together but calculated differently.
If you or a family member was hurt in a crash in the Valley, our Phoenix car accident attorneys can explain what coverage applies while the investigation continues.