KTAR News, carrying an Associated Press report, said authorities have identified two of the three women killed when the driver of a minivan crashed outside a Los Angeles metro station this week. The Los Angeles County Medical Examiner determined that both women died on the sidewalk of blunt force injuries. We are not repeating the names published by the outlet. The report does not state a cause or assign responsibility, and no findings have been announced.
When a vehicle leaves the roadway and strikes people standing on a sidewalk, Arizona law treats the resulting deaths as wrongful death claims governed by A.R.S. § 12-611 through A.R.S. § 12-613. Those statutes let a surviving spouse, child, parent, or the personal representative of the estate bring a civil case for the family's losses; that is separate from any criminal case, and a criminal charge is not required for the civil claim to proceed. The estate may also bring a survival action under A.R.S. § 14-3110 for damages the person suffered before death. A civil case asks whether the driver, or someone else whose conduct contributed, failed to use reasonable care. Most claims must be filed within two years under A.R.S. § 12-542, and if a government entity or employee is involved, a written notice of claim is due within 180 days under A.R.S. § 12-821.01. Evidence disappears quickly, so families should preserve records early.
Who Can Bring the Claim, and What It Covers
Under A.R.S. § 12-612, a wrongful death action is brought by the surviving husband or wife, child, parent or guardian, or by the personal representative of the deceased person's estate, on behalf of those survivors. Only one action is brought; the damages are then distributed among the statutory beneficiaries. Recoverable damages in Arizona include the loss of love, companionship, care, and guidance, the survivors' grief and anguish, lost financial support and services the person would have provided, and funeral and burial expenses.
A separate survival claim under A.R.S. § 14-3110 belongs to the estate and covers what the person themselves lost before death, including medical expenses and lost earnings. The two claims are often filed together.
Expect the defense to argue that the person who died bore part of the responsibility. Arizona uses pure comparative fault under A.R.S. § 12-2505, which means an award is reduced by the percentage of fault assigned to the deceased person but is not eliminated, even at a high percentage. That rule matters because insurers sometimes raise pedestrian conduct as a defense in cases where it has little factual support.
The Deadlines That Decide Whether You Have a Case
Two deadlines control most of these claims. The general one is two years under A.R.S. § 12-542, measured from the date of death for a wrongful death claim. The shorter one applies whenever a public entity or public employee may share responsibility, for example because of how a street, sidewalk, barrier, or transit area was designed or maintained. In that situation A.R.S. § 12-821.01 requires a written notice of claim served on the entity within 180 days of when the claim accrues, and the notice must state a specific amount the claimant will accept to settle. A notice that is late or that omits the settlement amount can end the case regardless of its merits.
Because a wrongful death claim in Arizona often runs through the personal representative of the estate, opening a probate estate early can be a practical necessity. That process takes time, and it should not be left until the deadline is close.
Practical Steps in the First Weeks
Request the full police or incident report as soon as it is released, and ask in writing that any supplemental reports and the investigating agency's photographs be preserved. Sidewalk and transit locations are frequently covered by nearby business cameras, transit cameras, and doorbell cameras; much of that footage is overwritten within days or weeks, so a written preservation request sent quickly can be the difference between having the recording and losing it.
Under A.R.S. § 28-661, a driver involved in a crash resulting in death or injury has a duty to stop and remain at the scene. Whether that duty was met is a question for investigators, not for the family to resolve.
Keep every medical record, bill, and receipt, including funeral costs. Do not give a recorded statement to an insurer before you understand what is being claimed, and do not sign a release in exchange for an early payment; those offers typically arrive before the full losses are known. Write down what you remember and what witnesses tell you while it is fresh.
If your family is facing this in Arizona, our Arizona wrongful death attorneys can explain which deadlines apply to your situation before any of them run.