According to KTAR News, a man was critically injured after being struck by a truck in Glendale. Police said he was hit while running to catch a bus. The intersection was closed and commuters were advised to avoid the area of 51st and Glendale avenues. No determination of fault has been announced, and nobody has been charged with or convicted of anything.
In Arizona, a pedestrian struck outside a marked crosswalk is not automatically barred from recovering. Arizona law gives pedestrians the right of way in crosswalks under A.R.S. § 28-792, and A.R.S. § 28-793 requires a pedestrian crossing elsewhere to yield to vehicles; but a driver still owes a duty of reasonable care to everyone on the road, including the duty to keep a proper lookout and to avoid an obvious hazard. When both sides share responsibility, A.R.S. § 12-2505 applies pure comparative fault: damages are reduced by the injured person's percentage of fault, and there is no cutoff at 50 percent. A pedestrian found mostly at fault can still recover the remaining share. That makes the allocation of fault the central question in most pedestrian claims, and it makes early evidence, such as signal timing, vehicle speed, and surveillance footage, worth preserving before it is lost.
Being Partly at Fault Does Not End the Claim
Insurers often open a pedestrian file by arguing the person on foot stepped into traffic. Under A.R.S. § 12-2505, that argument changes the math; it does not close the door. If a jury assigns a pedestrian 60 percent of the fault and values the harm at $1,000,000, the recovery is $400,000. Arizona is one of a minority of states that allows recovery at any percentage of fault.
Fault in a case like this usually turns on facts that are not in a news report: the posted speed, the actual speed, the driver's sightlines, lighting, whether the vehicle was braking, and where in the roadway the impact happened. Those facts come from the crash report, scene measurements, nearby business and transit cameras, and the vehicle's own event data recorder. Camera footage is frequently overwritten within days. A written preservation letter sent early to the businesses and the vehicle's owner is often the difference between a provable case and a swearing contest.
Deadlines, and Why the 180-Day One Catches People
The general deadline to file a personal injury lawsuit in Arizona is two years from the date of injury under A.R.S. § 12-542. That is the one most people have heard of, and it is not the one that usually destroys a claim.
If any potential defendant is a public entity or a public employee, for example a city, a county, a transit agency, or a government employee driving in the course of work, A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues. The notice must state a specific sum that will settle the claim and the facts supporting it. Miss that window and the claim against that entity is barred, even though the two-year period is still open. Because it is not always obvious at the scene who owns a vehicle or who employed the driver, the ownership question should be answered within the first weeks, not the first year.
Practical Steps When the Injured Person Cannot Act
A critically injured person cannot sign forms, request records, or answer an adjuster. Family can start the work:
- Request the crash report from the investigating agency once it is released, and get the report number from the hospital intake paperwork or the agency's records unit.
- Write down the names and numbers of anyone who stopped at the scene, including transit passengers and drivers, before memories and phone numbers scatter.
- Photograph the roadway, the crossing, signal placement, lighting, and any sight obstructions, ideally at the same time of day.
- Keep every bill, explanation of benefits, and record of missed work in one place. Arizona medical providers may record liens against a future recovery, and those liens are negotiable.
- Do not give a recorded statement to any insurer, including your own, before you understand what coverage exists. Underinsured and uninsured motorist coverage on a household auto policy often applies to a household member hurt as a pedestrian.
If the truck was owned by a business or being driven for work, the employer's commercial policy may also respond, and commercial carriers typically send an investigator to the scene within hours. There is no reason the injured side should be the only one without a record of what happened.
If you or a family member was hurt on foot in this area, our Glendale pedestrian accident attorneys can explain what the evidence actually shows before you talk to an insurer.