12 News reported that a deadly pedestrian crash occurred along a major street in central Phoenix. According to the outlet, 7th Avenue was closed between Whitton and Indianola avenues for several hours while the crash was investigated. The roadway has since reopened. No determination of fault has been reported, and the investigation is what it is called: an investigation.
When a pedestrian is killed in an Arizona traffic collision, two separate claims can arise from the same event. A wrongful death action under A.R.S. § 12-611 to A.R.S. § 12-613 belongs to the surviving spouse, children, or parents, and it compensates them for their own losses; grief, lost companionship, lost financial support, and funeral expenses. A survival action under A.R.S. § 14-3110 belongs to the estate and covers what the person who died experienced before death, including medical bills and conscious pain. Both are generally subject to the two-year deadline in A.R.S. § 12-542. If a government entity or employee may share responsibility, a written notice of claim must be served within 180 days under A.R.S. § 12-821.01, which is a much shorter clock than most families expect. Arizona also applies pure comparative fault under A.R.S. § 12-2505, so a claim is reduced by any percentage assigned to the pedestrian but is not barred.
Right of way is decided by statute, not by assumption
Two Arizona statutes do most of the work in pedestrian cases. Under A.R.S. § 28-792, a driver must yield the right of way and slow down or stop for a pedestrian crossing within a crosswalk on the driver's half of the roadway, or close enough to it to be in danger. Under A.R.S. § 28-793, a pedestrian crossing a roadway at a point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to vehicles.
That second statute is why insurers often argue that a pedestrian was outside a crosswalk and therefore at fault. It does not end the analysis. A driver still has a duty to exercise due care, to keep a proper lookout, and to obey speed limits. On a wide urban arterial with multiple lanes, long distances between signals, and variable lighting, the physical evidence often shows that a driver had time and distance to react. Pure comparative fault under A.R.S. § 12-2505 means that even if a jury assigns a share of responsibility to the pedestrian, the family's recovery is reduced by that percentage rather than eliminated.
Evidence on an urban arterial disappears fast
A road that is closed for hours and then reopened is a road that is being driven over, swept, and weathered. Skid marks, debris fields, and fluid stains do not survive long. Steps that matter in the first two weeks:
- Request the police report and, separately, the collision investigation file, including scene photographs, measurements, and any diagram. The public report is usually the short version.
- Send preservation letters to nearby businesses, apartment complexes, and gas stations. Most private security systems overwrite footage in seven to thirty days.
- Ask the city for signal timing data, streetlight maintenance records, and any prior collision history for the segment. This can matter for a notice of claim under A.R.S. § 12-821.01 if roadway design or lighting is at issue.
- Preserve the vehicle. Many passenger vehicles store pre-crash speed, braking, and throttle data. Once the vehicle is released and repaired or salvaged, that data is often gone.
- Keep clothing, footwear, and any phone or personal items returned by investigators, unwashed and unaltered.
Do not give a recorded statement to any insurer before you understand what the investigation shows. Adjusters call early, and the questions are not neutral.
Who has authority to act, and when the clock starts
Only certain people can bring a wrongful death claim under A.R.S. § 12-611 to A.R.S. § 12-613: the surviving spouse, a child, a parent or guardian, or the personal representative of the estate on behalf of those survivors. A survival claim under A.R.S. § 14-3110 requires a personal representative appointed through probate, so if no estate has been opened, that step comes first. Families sometimes lose months waiting for an investigation to conclude before doing anything, then discover the estate paperwork itself takes weeks.
The general deadline is two years under A.R.S. § 12-542. The 180-day notice of claim deadline in A.R.S. § 12-821.01 applies only to claims against public entities and public employees, and it is unforgiving. If there is any question whether a government body had a role, treat 180 days as the operative date, not two years.
If your family is dealing with the death or serious injury of someone struck on foot in the Valley, our Phoenix pedestrian accident attorneys can explain what the investigation file actually shows and what deadlines apply to you.