12 News reported that two drivers died in a two-vehicle wrong-way crash on eastbound State Route 202 at Scottsdale Road in Tempe. According to the report, troopers responded at 12:40 a.m. No other details about the vehicles, the occupants, or the cause have been released, and the investigation is ongoing.
When a wrong-way collision kills a driver, Arizona law creates two separate claims that often get confused. A wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613 belongs to the surviving spouse, children, parents, or the estate, and it compensates those survivors for their own losses: lost income and support, lost companionship, and grief. A survival action under A.R.S. § 14-3110 belongs to the estate and covers what the person who died suffered before death, including medical expenses and conscious pain. When both drivers die, the estate of each may have a claim against the other's insurance, and fault is apportioned under A.R.S. § 12-2505, Arizona's pure comparative fault rule, which reduces a recovery by the percentage of fault assigned rather than barring it. Most claims must be filed within two years under A.R.S. § 12-542; claims against a government entity require a written notice of claim within 180 days under A.R.S. § 12-821.01.
Who Is Allowed to File, and What the Estate Adds
Arizona does not let every grieving relative file suit. Under A.R.S. § 12-612, a wrongful death action is brought by the surviving husband or wife, a child, a parent or guardian, or by the personal representative of the estate on behalf of those people. If there is no surviving spouse, child, or parent, the claim belongs to the estate. That means one of the first practical steps is usually probate: someone must be appointed personal representative before a survival claim under A.R.S. § 14-3110 can be filed, and before the estate can sign anything or accept any settlement.
Keeping the two claims separate matters because the money goes to different places. Wrongful death proceeds under A.R.S. § 12-613 are distributed to the statutory survivors in proportion to their damages and are generally not subject to the decedent's creditors. Survival proceeds belong to the estate and can be reached by creditors and medical liens. Settling both at once without allocating between them is a common and expensive mistake.
Fault Is Decided Later, and Insurance Usually Decides the Outcome
Law enforcement has not reached a conclusion here, and nothing about a reported wrong-way crash establishes who is legally responsible. A trooper's reconstruction, toxicology results, scene evidence, and any vehicle data are typically months away. Families should not accept an insurer's early characterization of fault as settled.
Even where fault is clear, the practical ceiling is coverage. Arizona's minimum liability limits are low relative to a death claim, so the real question is often what other coverage exists: underinsured and uninsured motorist coverage on the deceased person's own auto policy, on a spouse's or resident family member's policy, on an umbrella policy, or through an employer's vehicle policy if the person was working. Under A.R.S. § 12-2505, a percentage of comparative fault assigned to your family member reduces a recovery but does not eliminate it, which is why fault allocation and coverage should be investigated together, not one after the other.
What to Do in the First Weeks
Request the crash report once it is available, and request it in writing. Do not give a recorded statement to any insurance adjuster, including your own, until you understand what coverage is in play and what the statement will be used for. Preserve the vehicle; do not let an insurer total it and send it to salvage before it has been inspected and its data downloaded, because that evidence is often unrecoverable afterward. Keep funeral and burial invoices, medical bills, and documentation of the income and benefits the household has lost.
Watch the deadlines. Two years under A.R.S. § 12-542 is the general limit, and it does not pause while probate is pending or while an investigation continues. If any claim may involve a city, county, or state entity, the 180-day written notice of claim required by A.R.S. § 12-821.01 comes much sooner and is unforgiving when missed.
If your family is dealing with the aftermath of a freeway collision near Scottsdale Road, our Scottsdale car accident attorneys can explain where your claim stands and what has to happen first.