FOX 10 Phoenix reported that a wrong-way driver in Flagstaff was arrested on suspicion of DUI after crashing into a trooper's patrol vehicle. An arrest is an accusation, not a finding; no one has been convicted, and the investigation belongs to law enforcement. What follows is general Arizona law for people hurt in collisions involving a driver suspected of impairment, not a statement about who is responsible for what was reported.
A criminal DUI arrest and a civil injury claim are two separate proceedings in Arizona, and the injured person controls only one of them. Prosecutors charge impaired driving under A.R.S. § 28-1381; the outcome of that case belongs to the state, and a conviction is not required before an injured person files suit for medical bills, lost income, and pain. The civil case is decided by a lower standard of proof, so a dismissal or plea in criminal court does not end it. Evidence of impairment, if proven, can also support punitive damages, which are separate from compensation for losses. Arizona applies pure comparative fault under A.R.S. § 12-2505, meaning any recovery is reduced by the injured person's own share of responsibility but is never barred by it. Most injury suits must be filed within two years under A.R.S. § 12-542, and that clock runs regardless of how slowly the criminal case moves.
The deadlines that quietly end claims
Two years is the general filing deadline for personal injury in Arizona under A.R.S. § 12-542. If a family member died, the wrongful death action is governed by A.R.S. § 12-611 through A.R.S. § 12-613, which limits who may bring it: the surviving spouse, children, parents, or the personal representative of the estate. Claims that belonged to the person who died, such as their own medical expenses and pain before death, survive separately under A.R.S. § 14-3110.
There is a much shorter deadline that catches people off guard. If any part of a claim is against a public entity or a public employee, including a state agency or a government vehicle, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01. Miss that window and the claim against the government is barred even though the two-year deadline has not run. If a government vehicle was involved in any way, treat the 180-day date as the real deadline and work backward from it.
What to do in the first weeks
Request the crash report once it is released, and ask whether a supplemental report is coming; initial reports are often incomplete while an investigation continues. Get treated and keep going to appointments, because gaps in treatment get used later to argue the injury was minor. Photograph vehicles, the roadway, and visible injuries before anything is repaired or heals.
Write down what you remember while it is fresh, including what you saw before impact and anything said at the scene. Do not give a recorded statement to the other driver's insurer before you understand the extent of your injuries. Do not sign a medical authorization that lets an insurer pull your entire health history. And preserve the vehicle itself if possible; event data recorder information can be lost when a car is sold for salvage.
When the at-fault driver's coverage is not enough
Arizona's minimum liability limits are low relative to what a serious injury costs. If the other driver carries only minimum coverage or no coverage, your own uninsured and underinsured motorist coverage may be the main source of recovery, and it is worth checking every policy in the household, not just the one on the car you were in. Health insurance and medical payments coverage can keep bills current while liability is sorted out, though both may later assert a right to be repaid from a settlement. Notify your own insurer promptly; underinsured motorist claims frequently carry consent and notice requirements buried in the policy, and failing to follow them can cost the coverage.
If you were hurt in a collision in northern Arizona, our Flagstaff car accident attorneys can explain how these deadlines apply to your situation.