KTAR News reported an arrest in a Phoenix collision that left a bicyclist dead. According to the report, the driver of the white GMC pickup truck involved in the collision left the scene before police arrived, and the truck was located two days later. No further details about the collision were reported, and an arrest is not a conviction; the person arrested is presumed innocent unless and until proven guilty.
When a driver leaves the scene of a fatal collision in Arizona, the criminal case and the civil claim run on separate tracks, and the family does not have to wait for one to finish before starting the other. Arizona requires a driver involved in a collision causing injury or death to stop and remain at the scene under A.R.S. § 28-661. A wrongful death action belongs to the surviving spouse, children, or parents, or to the estate, under A.R.S. § 12-611 through A.R.S. § 12-613, and claims the person could have brought for their own losses survive under A.R.S. § 14-3110. Most of these claims must be filed within two years under A.R.S. § 12-542. If the driver is never identified, or carries no insurance, uninsured motorist coverage on a household auto policy can still apply, because that coverage generally follows the insured person rather than the vehicle.
Leaving the Scene Is Its Own Violation, Separate From Fault
A.R.S. § 28-661 imposes a duty on a driver involved in a collision resulting in injury or death to stop, remain at the scene, and provide identifying information. That duty applies regardless of who caused the collision. A criminal charge under that statute is about the leaving, not about the crash itself, so a charge or an arrest does not establish civil liability on its own.
In a civil claim, fault has to be proven separately, usually through the collision investigation, physical evidence, and any available video. Arizona follows pure comparative fault under A.R.S. § 12-2505, which means a damages award is reduced by the injured person's or decedent's percentage of responsibility but is not eliminated by it. Insurers commonly argue that a bicyclist was partly at fault; that argument affects the size of a recovery, not the right to bring a claim.
Deadlines That Can End a Claim Before It Starts
The general deadline for a personal injury or wrongful death lawsuit in Arizona is two years under A.R.S. § 12-542. For a wrongful death claim, that period generally runs from the date of death.
There is a much shorter deadline if a public entity or public employee turns out to be a potential defendant, for example if a government vehicle or a government employee were involved. A.R.S. § 12-821.01 requires a written notice of claim served on the public entity within 180 days after the cause of action accrues. Missing that notice deadline can bar the claim entirely, even though the two-year period has not run. If there is any possibility a public entity is involved, that 180-day clock should be assumed to be running.
Practical Steps in the First Weeks
Request the police report as soon as it is available, and ask for the report number at the same time. Reports in fatal investigations are often withheld while the case is open, so a written request on file matters.
Photograph the bicycle and any gear before anything is repaired, discarded, or released from an impound lot, and keep them in their post-collision condition. Write down the names of anyone who says they saw what happened or who arrived early, along with how to reach them; memories and phone numbers both go stale.
Check every auto policy in the household for uninsured and underinsured motorist coverage. That coverage frequently applies to a person riding a bicycle who is struck by a vehicle, and it is often the most reliable source of recovery when the at-fault driver has no insurance or minimal limits. Notify your own insurer promptly, but be careful about giving a recorded statement to any insurer before you understand what is being claimed.
Finally, in a death case, someone typically needs to be appointed to act for the estate before a survival claim under A.R.S. § 14-3110 can proceed. That process takes time and is worth starting early.
If your family is dealing with the death of a bicyclist in this city, our Phoenix bicycle accident attorneys can explain your options and the deadlines that apply to you.