12 News reported that a two-vehicle crash occurred around 6 a.m. Tuesday on southbound SR 85 at milepost 122 near Gila Bend, and that the crash turned fatal. No determination of fault has been reported, and no one has been charged with or convicted of anything in connection with what happened.
Arizona law treats a death caused by another party's negligence as a claim that belongs to specific people, not to anyone who wants to file. Under A.R.S. § 12-611 through A.R.S. § 12-613, a wrongful death action is brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the estate, on behalf of the statutory beneficiaries. Those damages compensate the survivors for lost companionship, lost financial support, and their own grief. A separate claim, the survival action under A.R.S. § 14-3110, belongs to the estate and covers what the person who died endured before death, including medical expenses. The deadline for both is generally two years under A.R.S. § 12-542, and it runs from the date of death for the wrongful death claim. Fault is apportioned under A.R.S. § 12-2505, so a recovery can still be made even when the person who died shares part of the blame.
Fault Is Not Decided by the Crash Report, and Sharing Blame Does Not End the Case
Investigators prepare a report. Insurance companies read it, then reach their own conclusion, which is not binding on anyone. Arizona uses pure comparative fault under A.R.S. § 12-2505: a jury assigns each party a percentage of responsibility, and damages are reduced by that percentage rather than eliminated. A family told that their relative was partly at fault, or that speed or lane position contributed, still has a claim. The practical consequence is that the percentage itself becomes the fight, and it is decided with evidence, not with an adjuster's first phone call.
Request a copy of the official crash report as soon as it is released. Do not give a recorded statement to the other driver's insurer before you understand what is in it.
Evidence on a Rural Highway Disappears Fast
A crash on an open two-lane highway often leaves little behind once the roadway is cleared. Skid marks fade, debris is swept, and damaged vehicles are moved to salvage yards where they can be sold or crushed within weeks. The vehicles themselves frequently hold event data recorder information about speed, braking, and seat belt use in the seconds before impact, and that data can be lost when the vehicle is disposed of.
Steps worth taking early:
- Find out where both vehicles were towed and ask in writing that they be preserved.
- Photograph the vehicles and the scene, including the roadway, shoulder, and sight lines, before conditions change.
- Write down the names and numbers of anyone who stopped at the scene while memories are fresh.
- Keep every document that arrives, including tow and storage invoices and any correspondence from an insurer.
Deadlines, Including One That Runs in 180 Days
The general deadline for a wrongful death or survival claim is two years under A.R.S. § 12-542. A shorter and easily missed deadline applies when a public entity or public employee may share responsibility, which can arise in cases involving road design, signage, maintenance, or a government-operated vehicle. A.R.S. § 12-821.01 requires a written notice of claim served on the public entity within 180 days of when the claim accrues, and failing to serve it bars the claim entirely, even if the two-year period has not run.
One more procedural point: a survival action under A.R.S. § 14-3110 is brought by the personal representative of the estate, so a probate filing may be needed before that part of the case can move. Starting that process early avoids losing months to paperwork.
If your family lost someone in a highway crash in Maricopa County, our Arizona wrongful death attorneys can explain who holds the claim and what deadlines apply to it.