ABC15 reported that emergency crews were called Friday morning to the 21900 block of East Escalante Road in Queen Creek for reports of an injured child, and that a child was taken to a hospital after being struck by a vehicle in a driveway. No further details about the circumstances were reported, and no determination of fault has been announced.
In Arizona, a child injured by a vehicle in a residential driveway has a claim that belongs to the child, not the parents, and the deadline works differently because of that. The general two-year personal injury limit in A.R.S. § 12-542 does not begin running against a minor until the minor turns eighteen, so a child generally has until age twenty to file. Parents still have their own shorter clock for medical expenses they paid, so waiting is a mistake. Liability turns on whether the driver kept a proper lookout and moved the vehicle with the care an ordinary person would use where children are present. Arizona applies pure comparative fault under A.R.S. § 12-2505, meaning any percentage of blame assigned to the child reduces recovery rather than barring it; very young children are not held to an adult standard of care. Any settlement for a minor also needs court approval before it is final.
Fault Is Not Decided by Where the Vehicle Was
A driveway is private property, and people sometimes assume that means ordinary traffic rules and insurance do not apply. That is wrong on both counts. A driver owes a duty of reasonable care wherever a vehicle is operated, including while backing, turning around, or pulling in. Arizona's pedestrian right of way statutes, A.R.S. § 28-792 and A.R.S. § 28-793, govern crosswalks and roadways, so a driveway case usually rests on general negligence instead: whether the driver checked behind the vehicle, used available mirrors and cameras, moved at a safe speed, and knew or should have known a child was nearby. A.R.S. § 28-661 requires a driver to stop and remain at the scene of a crash involving injury.
Fault can also be shared with someone other than a driver. Property conditions that block sightlines, a vehicle owner who let an unfit driver use the car, or a defective backup camera are all possibilities that get ruled in or out only by looking at the physical scene.
What to Do in the First Days
Follow every medical instruction and keep every discharge sheet, imaging report, and bill. Children are often evaluated and released quickly, and internal injuries or head injuries can present later; a second evaluation costs little and documents a lot.
Photograph the driveway, the vehicle, and the sightlines from the driver's seat before anything is moved, repaired, or landscaped. Write down what each adult present actually saw, separately, while memories are fresh. Do not give a recorded statement to any insurer before you understand what is being asked; adjusters frequently ask parents questions designed to shift blame onto supervision. If a government vehicle or employee turns out to have been involved, A.R.S. § 12-821.01 requires a notice of claim within 180 days, which is far shorter than the general deadline and is not extended by the child's age for the parents' own claims.
Which Insurance Actually Pays
More than one policy may apply. The driver's auto liability coverage is the starting point. Beyond that, a homeowner's or renter's policy, a resident relative's auto policy, and your own uninsured or underinsured motorist coverage can each come into play depending on who was driving and what they were insured for. Medical payments coverage on an auto policy pays treatment bills regardless of fault and does not require anyone to be sued. Health insurance will usually pay in the meantime and then assert a lien against any recovery, so those liens need to be identified and negotiated before a settlement is finalized rather than after. Inventory every policy in the household and every policy connected to the vehicle before accepting any offer.
If your child was hurt by a vehicle in Queen Creek, our Arizona pedestrian accident attorneys can explain what the claim is worth and what deadlines apply.