ABC15 reported that a crash near the intersection of 87th Avenue and Thomas Road left two people in critical condition on Friday, according to the Phoenix Fire Department. No cause has been reported, and no one has been charged with or convicted of anything. What follows is general Arizona law for families who find themselves in this position, not a statement about who was responsible.
When a collision leaves someone in critical condition, the legal questions begin before the medical picture is clear. Arizona gives injured people two years from the date of an injury to file suit under A.R.S. § 12-542, and two years from the date of death for a wrongful death claim under A.R.S. § 12-611 to 12-613. If a city, county, or state entity may share responsibility, a written notice of claim must be served within 180 days under A.R.S. § 12-821.01, which is the shortest deadline in most cases and the easiest one to miss. Fault is not all-or-nothing; A.R.S. § 12-2505 applies pure comparative fault, so a person found partly responsible still recovers damages reduced by that percentage. A critically injured person often cannot act, so a spouse, parent, or appointed representative should begin preserving evidence, requesting the police report, and notifying insurers while the investigation is open.
Who Can Act for Someone Who Cannot Speak for Themselves
A person in critical condition usually cannot sign documents, give a recorded statement, or authorize the release of medical records. Arizona law does not stop a claim from moving forward in that situation, but someone has to be legally empowered to act. That may be an agent under an existing healthcare or financial power of attorney, or a conservator or guardian appointed by the probate court if no such document exists. If an injured person does not survive, the claims split in two: a wrongful death action under A.R.S. § 12-611 to 12-613, brought for the surviving spouse, children, or parents, and a survival action under A.R.S. § 14-3110 for the losses the person suffered before death, which is brought by the personal representative of the estate.
Do not wait for someone to be medically stable before sorting this out. Appointments take time, and insurers will keep working the file in the meantime.
Evidence Disappears Fastest in the First Weeks
Intersection crashes often turn on information that is not in any news report and will not be in the initial police narrative either. Practical steps while the matter is fresh:
- Request the traffic collision report as soon as a report number is available, and request the supplemental report later; the first version is frequently incomplete.
- Ask, in writing, that nearby businesses preserve exterior camera footage. Many systems overwrite in days, not months.
- Identify vehicles before they are repaired or salvaged. Event data recorder information can be lost permanently once a vehicle is released.
- Keep every medical bill, explanation of benefits, and record of time missed from work, including for family members who are providing care.
- Write down the names and numbers of anyone who stopped at the scene while memories are still clear, and keep that list private rather than posting it.
Talking to Insurers, and Why Health Coverage Matters First
Critical care bills accumulate long before any liability claim is resolved. Health insurance, MedPay coverage under an auto policy, and uninsured or underinsured motorist coverage are the sources that typically pay early. Review every auto policy in the household, because coverage can stack in ways people do not expect.
You are required to cooperate with your own insurer. You are not required to give a recorded statement to another driver's insurer, and you should not do so while facts are unsettled and the injured person cannot describe what happened. Decline politely, confirm in writing, and refer questions to counsel. Be equally careful about signing broad medical authorizations, which can open years of unrelated records to review.
If you or a family member was hurt in this collision, our Phoenix car accident attorneys can explain the deadlines and coverage questions that apply to your situation.