ABC15 reported that an investigation is underway after a crash involving a car and a pedestrian Friday night near I-17 and Camelback Road. According to the outlet, northbound lanes of I-17 near Camelback Road were closed for an undetermined amount of time. No findings about how the crash happened have been released, and nothing here should be read as a conclusion about fault.
When a pedestrian is struck by a vehicle on an Arizona freeway, being on the roadway does not automatically end the injury claim. Arizona uses pure comparative fault under A.R.S. § 12-2505: a jury assigns each party a percentage of responsibility and reduces the injured person's recovery by that percentage instead of barring it. Someone found 60 percent at fault can still recover 40 percent of proven damages. Right of way rules matter but do not decide the case alone; A.R.S. § 28-792 governs a driver's duty to yield in a crosswalk and A.R.S. § 28-793 requires a pedestrian crossing outside a crosswalk to yield, and neither relieves a driver of the duty to keep a proper lookout and control the vehicle. Deadlines run regardless: two years for most injury claims 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.
The Deadlines That Control a Freeway Pedestrian Claim
Most Arizona personal injury claims must be filed in court within two years of the injury under A.R.S. § 12-542. That sounds generous, and it is not. Freeway cases often turn on physical evidence and electronic data that are gone long before year two.
A separate and much shorter deadline applies when a claim is made against a public entity or public employee. A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues, and it must state a specific amount the claimant will accept and the facts supporting it. Miss that window and the claim against that entity is barred, even though the two-year statute has not run. Whether any public entity has potential responsibility in a given crash is a question to investigate early, not after the fact.
Evidence Starts Disappearing When the Freeway Reopens
A long lane closure usually means a crash reconstruction is being done at the scene. Once the roadway reopens, the physical evidence is swept away. Several things are worth securing quickly:
- The crash report and any supplemental reports, once they are released.
- Freeway camera footage and nearby business or residential surveillance video, much of which overwrites itself within days or weeks.
- Event data recorder information from the vehicle involved, which can record speed and braking in the seconds before impact.
- Contact information for anyone who stopped at the scene.
- Medical records that tie treatment to the date of the incident, including the first emergency evaluation.
A written request to preserve video and vehicle data, sent before anyone has a reason to delete it, is often the single most useful step taken in the first week. If a driver leaves the scene of a crash involving injury, A.R.S. § 28-661 sets out the duty to stop and remain, and a hit and run investigation changes how quickly a claim can move.
If a Pedestrian Does Not Survive
When a person struck by a vehicle dies, Arizona splits the recovery into two tracks. A wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613 belongs to the surviving spouse, children, parents, or the estate, and it compensates those survivors for their own losses, including loss of companionship, guidance, and financial support. A survival action under A.R.S. § 14-3110 is brought by the personal representative and covers claims the person had before death, such as medical expenses incurred.
The two are filed together but valued separately, and the family must usually open a probate estate and appoint a personal representative before the survival claim can proceed. Comparative fault under A.R.S. § 12-2505 applies to these claims as well, which is why an early finding by investigators is not the last word on what a family can recover.
If you or a family member was hurt walking in the Phoenix area, our Phoenix pedestrian accident attorneys can explain what evidence needs to be preserved right now.