According to ABC15, a woman who drove a pickup truck onto a soccer field during a weekend youth game in Kansas, killing two people and injuring 10 others, has been released without charges while the investigation continues. No charging decision has been announced, and no one has been convicted of anything. The report raises a question that comes up constantly after serious crashes in Arizona as well: what happens to the victims' claims when the driver walks free while police keep working.
A driver can be released without charges while a civil claim moves forward; the two systems are separate in Arizona. Police and prosecutors decide whether the evidence supports a criminal case, and that decision can take months. A civil claim asks a different question, whether the driver's conduct fell below reasonable care and caused harm, and it is decided by a lower standard of proof, a preponderance of the evidence. No charge, no arrest, and no conviction is required before an injured person or a surviving family files suit. In Arizona, most injury claims must be filed within two years under A.R.S. § 12-542, and claims against a public entity or employee require a written notice of claim within 180 days under A.R.S. § 12-821.01. Waiting for the investigation to close can quietly consume that time. Evidence also degrades; vehicles get repaired, and witnesses scatter. Start documenting immediately, even if no one has been charged.
What Arizona Law Gives a Family After a Fatal Crash
Arizona recognizes two distinct claims when someone is killed. The wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, belong to the surviving spouse, children, parents, or the estate, and they compensate the survivors' own losses: lost companionship, lost financial support, and grief. Separately, A.R.S. § 14-3110 preserves the claim the decedent personally had, which covers losses suffered before death, such as medical bills and property damage.
If the defense argues that a victim shared some responsibility, Arizona applies pure comparative fault under A.R.S. § 12-2505. A percentage of fault assigned to the injured person reduces the recovery by that percentage; it does not erase the claim. That matters when an insurer tries to shift blame onto event organizers, spectators, or the people who were hurt.
Steps That Matter While the Investigation Is Still Open
Do these now rather than after a charging decision:
- Request the police report and the crash investigation file, and keep requesting updates in writing so there is a record of your attempts.
- Photograph the scene before it changes, including sightlines, barriers or the absence of them, and the path the vehicle traveled.
- Write down the names and phone numbers of everyone who was present. Memories fade fast and crowds disperse.
- Keep every medical record, bill, and out-of-pocket receipt, including mileage to appointments and time missed from work.
- Preserve video. Phone footage from bystanders, nearby business cameras, and doorbell cameras is often overwritten within days or weeks.
- Notify your own auto insurer. Uninsured and underinsured motorist coverage can apply even to someone struck while on foot.
Why You Should Not Wait for Prosecutors
A criminal case, if one is ever filed, serves the state. It does not pay medical bills, replace income, or compensate a family for a death. It also runs on its own schedule, which can stretch well past the deadlines that control civil claims. Filing a civil claim does not interfere with a criminal investigation, and a civil attorney can often obtain evidence, including scene data and vehicle records, that investigators have no obligation to share with you.
If a government entity owned or maintained the property, or a public employee was involved, the 180-day notice requirement in A.R.S. § 12-821.01 can expire long before anyone announces whether charges will be filed. Missing it can end an otherwise strong claim.
If you or a family member was hurt in a crash in Arizona, read more about how these claims work on our Arizona car accident practice page.