12 News reported that a child was critically hurt after being struck by a vehicle near 35th and Peoria avenues in Phoenix, in a serious crash that occurred around 6:30 p.m. No determination of fault has been made public, and no one has been charged with or convicted of anything. What follows is general Arizona law, not a statement about what happened.
When a child is struck by a vehicle in Arizona, the claim belongs to the child, not the parents, and that changes how deadlines work. The general deadline to file a personal injury lawsuit is two years under A.R.S. § 12-542, but for an injured minor the clock generally does not start until the child turns 18, which means a suit may remain available for years. Parents should not rely on that extra time. Evidence disappears quickly: signal timing records, nearby surveillance video, vehicle data, and witness memory. A separate and much shorter deadline applies if a city, county, or state entity may share responsibility, such as for a defective crosswalk or missing signal; a written notice of claim must be served within 180 days under A.R.S. § 12-821.01. Arizona also uses pure comparative fault under A.R.S. § 12-2505, so an insurer arguing the child darted into traffic reduces recovery but does not bar it.
Right of Way and the Duty Drivers Owe on Arizona Streets
Two statutes do most of the work in pedestrian cases. A.R.S. § 28-792 requires a driver to yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. A.R.S. § 28-793 covers crossings outside a crosswalk and requires the pedestrian to yield to vehicles. Insurers lean hard on the second statute when a child is involved.
That argument is weaker than it sounds. A pedestrian being outside a crosswalk does not end a driver's duty to keep a proper lookout, to drive at a reasonable speed for the conditions, and to avoid a collision once a person is visible. Arizona juries also consider what can reasonably be expected of a child, not of an adult. Under A.R.S. § 12-2505, even a finding of some fault on the child's part reduces damages by that percentage rather than eliminating the claim.
If the driver left the scene, A.R.S. § 28-661 imposes a duty to stop and remain at the scene of a crash involving injury or death. If the driver was suspected of impairment, A.R.S. § 28-1381 governs the criminal side; a civil claim does not wait for that case to finish.
What to Do in the First Days
Medical care comes first, and nothing below should delay it.
- Request the crash report once it is available, and write down the report number.
- Photograph the location: crosswalk markings, signals, lighting, sight lines, and any obstructions. Conditions at the scene change.
- Ask nearby homes and businesses to preserve video now. Many systems overwrite footage within days.
- Keep every bill, discharge instruction, and appointment record in one place.
- Do not give a recorded statement to the other driver's insurer, and do not accept a quick settlement for a child.
- Check your own auto policy for medical payments coverage and uninsured or underinsured motorist coverage. Those can apply to a household member hurt as a pedestrian.
Why a Child's Settlement Is Different
A parent cannot simply sign away a child's claim. Settlements for a minor generally require court approval in Arizona, and the court looks at whether the amount is fair and how the money will be held until the child turns 18, often in a restricted account or a structured settlement. That process exists to protect the child, including from pressure to settle before the full extent of a serious injury is known.
That last point matters most in a critical-injury case. A child's future medical needs, schooling needs, and long-term care costs are often not clear for months. Settling early can leave those costs uncovered permanently. Before signing anything, get a valuation that accounts for future care, not just the bills already received.
If your family is dealing with this, a Phoenix pedestrian accident attorney can request the report, preserve video, and handle the insurer while you focus on your child.