12 News reported that a driver is in custody following a serious hit-and-run crash in north Phoenix. According to that report, police said they later found the driver involved. No one has been convicted of anything, and the details below are general Arizona law rather than a statement about what happened or who is responsible.
In Arizona, a driver who leaves the scene of a crash involving injury faces criminal exposure under A.R.S. § 28-661, which requires stopping, remaining at the scene, and giving identifying information. That criminal case is separate from any civil injury claim, and a conviction is not required before an injured person files one. When a fleeing driver is later identified, the civil claim proceeds against that driver and any applicable liability insurance; when the driver is never identified, uninsured motorist coverage on the injured person's own policy often becomes the primary source of recovery. Arizona gives most injury plaintiffs two years from the date of injury to file suit under A.R.S. § 12-542, and claims against a public entity or public employee require a written notice of claim within 180 days under A.R.S. § 12-821.01. Arizona also applies pure comparative fault under A.R.S. § 12-2505, so a partially at-fault injured person still recovers, reduced by their percentage.
What the Criminal Case Does, and What It Does Not Do
A.R.S. § 28-661 is a criminal statute. It tells a driver what to do after a collision involving injury or death: stop, stay, identify yourself, and render reasonable assistance. Prosecutors bring that charge; an injured person does not.
What the criminal case does not do is pay your medical bills. Restitution in a criminal matter is limited and slow, and it does not cover the full range of losses a civil claim can reach, including future treatment, lost earning capacity, and pain. The civil claim is filed separately and runs on its own schedule. It uses a lower standard of proof than a criminal prosecution, which is why a case that never results in a conviction can still succeed in civil court.
One practical benefit of a criminal case is evidence. Police reports, body camera footage, scene photographs, and witness statements gathered by investigators are often obtainable in the civil case. Ask about them early, because retention periods for video are short.
Steps to Take After a Hit-and-Run Injury in Phoenix
- Get evaluated, even if you feel able to walk away. Head injuries, internal bleeding, and spinal injuries frequently present hours later. A gap in treatment is also the first thing an insurer points to when it disputes causation.
- Make sure a report exists and get the report number. Your claim will be built on it, and in a hit-and-run your uninsured motorist carrier will almost certainly require it.
- Notify your own auto insurer promptly. Uninsured and underinsured motorist coverage applies in hit-and-run situations, and most policies have notice requirements measured in days, not months.
- Preserve what you have. Photographs, damaged clothing, a damaged bicycle or helmet, dashcam files, and the contact information of anyone who stopped. Nearby businesses and homes may have surveillance video that is overwritten within days.
- Do not give a recorded statement to the other driver's insurer before you understand your injuries. You are not required to, and early statements are used to narrow claims later.
- Keep a simple record of appointments, missed work, and what you cannot do that you could do before.
Deadlines That Can End a Claim Before It Starts
The general deadline for a personal injury lawsuit in Arizona is two years under A.R.S. § 12-542. If a government entity or employee is potentially responsible, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and the lawsuit deadline against that entity is shorter than the general rule. Missing the notice deadline typically ends the claim regardless of how strong it is.
If someone died, Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, govern who may bring the claim and what damages the surviving family can recover. Claims that belonged to the person before death are handled through a survival action under A.R.S. § 14-3110. These are distinct claims with different rules about who has standing, and sorting that out early matters.
Separate from any court deadline, insurance policies impose their own notice and cooperation conditions. Uninsured motorist claims in particular have been denied for late notice even when the lawsuit deadline was years away.
If you or a family member was hurt in a hit-and-run in the area, our Phoenix car accident attorneys can explain what your policy covers and what deadlines apply to your situation.