ABC15 reported that a man has been arrested in connection with a fatal hit-and-run in the area of 32nd Avenue and Indian School Road. No other details have been released, and an arrest is an allegation, not a finding of responsibility by any court.
In Arizona, a fatal hit-and-run creates two separate tracks: a criminal case the state controls, and a civil wrongful death claim the family controls. Under A.R.S. § 28-661, a driver involved in a collision resulting in death or injury must stop, remain at the scene, and give information; leaving is a felony. A criminal charge, though, pays nothing to a family. Compensation comes through a wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613, which may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the estate, on behalf of the statutory survivors. Recoverable damages include lost income and the value of lost companionship, care, and guidance, plus funeral and burial expenses. A separate survival action under A.R.S. § 14-3110 covers losses the person suffered before death. Most claims must be filed within two years under A.R.S. § 12-542.
A Criminal Arrest Does Not Build Your Civil Case for You
Prosecutors answer to the state, not to a family. They decide what to charge, whether to offer a plea, and when to resolve the case; the family has no veto. Restitution ordered in a criminal case is usually limited and often uncollectible.
The civil case runs on its own clock. Under A.R.S. § 12-542, the deadline to file is generally two years from the date of death. If a public entity or public employee turns out to be a defendant, a written notice of claim is due within 180 days under A.R.S. § 12-821.01, which is far shorter than most people expect. If a minor is among the survivors, deadlines can work differently, and that is worth confirming early rather than assuming.
One practical point: a criminal conviction can help a civil case, but you do not have to wait for one. A civil claim can be investigated and filed while the criminal matter is pending, and waiting can mean losing evidence.
Evidence Disappears Fastest in Hit-and-Run Cases
When a driver leaves, the proof of what happened is scattered across private hands, and most of it is on a deletion schedule.
- Business and residential surveillance video near the roadway. Many systems overwrite in seven to thirty days. A written preservation request sent quickly is often the only thing that saves it.
- Vehicle data. If a vehicle is in custody, event data recorder information, damage patterns, and paint transfer can be documented before the vehicle is released or repaired.
- Phone and dashcam footage from people who stopped. Ask for it before memories and storage space run out.
- The scene itself. Roadway markings, lighting, sight lines, and signal timing change; photographs taken now are worth more than a description given later.
- The full police report and any supplements, which may take weeks to become available.
Do not give a recorded statement to any insurance company before you understand what the claim involves. Adjusters are permitted to ask, and you are permitted to decline until you have advice.
Where the Money Actually Comes From
Identifying a driver does not guarantee payment. Arizona requires only modest minimum liability limits, and in a death case those limits are often exhausted immediately. Other sources matter.
Uninsured and underinsured motorist coverage on a policy held by the person who died, or by a resident relative, frequently applies in hit-and-run cases and can be the largest available source. Check every household policy, including ones you think are unrelated. If the vehicle was being used for work or for a commercial purpose, a separate employer or commercial policy may respond.
Arizona also follows pure comparative fault under A.R.S. § 12-2505. An insurer may argue that the person who died bore part of the responsibility in order to reduce what it pays. That argument does not bar recovery in Arizona; it only reduces damages by the percentage assigned, and it is frequently overstated in early negotiations.
If your family is facing this, read more about how these claims are handled on our Arizona wrongful death claims page.