KTAR News reported that the lone juror who blocked an acquittal spoke publicly for the first time since the trial ended with a deadlocked jury, in an interview aired Thursday. The juror said he was influenced by how "methodical" he believed the defendant was, and said he did not have any doubt that she was guilty. The trial ended without a verdict.
In Arizona, the outcome of a criminal case does not decide whether an injured person or a surviving family can recover money. The two proceedings answer different questions under different standards. A prosecutor must convince all jurors beyond a reasonable doubt, and a jury that cannot agree returns no verdict at all. A civil claim asks only whether it is more likely than not that someone's conduct caused the harm, and in most Arizona civil cases the verdict does not have to be unanimous. That means a hung jury, a dismissal, or an acquittal leaves a civil claim intact. The civil deadlines also run on their own clock: two years for most personal injury and wrongful death actions under A.R.S. § 12-542, and 180 days to serve a notice of claim on a public entity or employee under A.R.S. § 12-821.01. Waiting for a criminal case to finish can destroy a claim that would otherwise have been timely.
What a Criminal Case Can and Cannot Settle for You
A criminal prosecution is the state's case, not yours. The charge is brought by a prosecutor, the remedy is punishment, and the victim does not control whether the case is filed, reduced, or dropped. A civil claim is yours. It is the only place you ask for medical bills, lost income, future care, and pain and suffering.
The practical points to understand:
- No conviction is required. You do not have to wait for charges, and you do not need charges to have been filed at all.
- A hung jury means no verdict was reached. It is not a finding that nothing happened.
- An acquittal means the state did not meet its high burden. It does not mean a civil jury, applying the lower standard, would reach the same result.
- A conviction can help a civil case, but the civil case still has to be proven on its own evidence.
- Restitution ordered in a criminal case is usually limited and is not a substitute for full civil damages.
Arizona Rules That Decide Pedestrian Cases
Where a person on foot is struck by a vehicle, Arizona law supplies the framework. A.R.S. § 28-792 requires drivers to yield to a pedestrian lawfully in a crosswalk. A.R.S. § 28-793 governs crossings outside a crosswalk and places a yielding duty on the pedestrian in that situation. Neither statute ends the inquiry on its own, because Arizona follows pure comparative fault under A.R.S. § 12-2505; if a pedestrian is assigned a share of the responsibility, damages are reduced by that percentage rather than eliminated. A driver who leaves the scene has a separate problem under A.R.S. § 28-661, which sets the duty to stop and remain at a crash involving injury or death.
When someone does not survive, Arizona splits the recovery into two tracks. A wrongful death action under A.R.S. § 12-611 to A.R.S. § 12-613 belongs to the surviving spouse, children, parents, or the estate, and compensates them for their own losses. A survival action under A.R.S. § 14-3110 carries forward claims the person had before death. These are filed in the same lawsuit but measured differently, and they should be set up correctly from the start.
What to Do Now, While a Criminal Case Is Pending
Evidence disappears faster than court schedules move. Do these things without waiting for the criminal process:
- Request the police report and the case number, and ask whether any body camera or dash camera footage exists.
- Ask nearby businesses and homeowners to preserve video. Most systems overwrite within days or weeks.
- Write down what you remember now, including weather, lighting, and where you were walking.
- Keep every medical record, bill, and work absence note in one place.
- Check your own auto policy for medical payments coverage and uninsured or underinsured motorist coverage; pedestrians are often covered by their own policy even with no vehicle involved on their side.
- Do not give a recorded statement to the other driver's insurer before you understand what your claim is worth.
- If a government vehicle, road design, or public employee may be involved, calendar the 180-day notice of claim deadline immediately.
If you were hurt while walking, or you lost a family member who was, our Arizona pedestrian accident practice page explains how these claims are built and what the next step looks like.