ABC15 reported that police are investigating a deadly crash near 103rd Avenue and Broadway Road in West Phoenix overnight, in which a pedestrian was struck and killed. No further details have been released by the outlet, and the investigation is ongoing.
When a pedestrian is killed in an Arizona traffic collision, the claim that follows belongs to a defined group of people. Under A.R.S. § 12-611 through A.R.S. § 12-613, a wrongful death action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the estate on behalf of those survivors. Damages can include the loss of love, companionship and guidance, the survivors' grief and anguish, lost future financial support, and funeral and burial costs. A separate survival action under A.R.S. § 14-3110 belongs to the estate and covers what the person who died lost before death, such as medical expenses and lost earnings. Most of these claims must be filed within two years under A.R.S. § 12-542, and if a government entity or employee is involved, a written notice of claim is due within 180 days under A.R.S. § 12-821.01. Missing either deadline usually ends the case regardless of its merits.
What Arizona Law Says About Pedestrian Right of Way
Two statutes do most of the work in pedestrian cases. A.R.S. § 28-792 requires a driver to yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. A.R.S. § 28-793 addresses crossing outside a crosswalk; a pedestrian who crosses at a point other than a crosswalk must yield to vehicles on the roadway. Insurers frequently lead with the second statute to argue that the person walking was entirely at fault.
That argument does not end a claim in Arizona. Under A.R.S. § 12-2505, this state applies pure comparative fault, which means recovery is reduced by the percentage of fault assigned to the injured or deceased person rather than barred. A family found to share fault still recovers the remaining share. Lighting conditions, posted speed, driver attention, and the distance at which a person was visible all affect how fault is divided, and those facts are established by evidence, not by the first account released.
If a driver leaves the scene, A.R.S. § 28-661 imposes a duty to stop and remain at the scene of a collision involving death or injury. A driver who is never identified does not necessarily leave a family without a source of recovery; uninsured motorist coverage on a household auto policy commonly applies to a family member struck while walking.
What Families Can Do in the First Weeks
Evidence in a nighttime roadway collision degrades quickly. A few steps preserve it:
- Request the police report and the incident number as soon as the investigating agency releases it, and ask whether a reconstruction unit responded.
- Ask nearby businesses and residences about exterior camera footage promptly; many systems overwrite within days or weeks.
- Write down the names and numbers of anyone who says they saw what happened, before memories fade and people move.
- Keep the clothing and personal items the person had, unwashed and unaltered.
- Gather every insurance policy in the household, including auto policies for people who do not drive, and look for uninsured and underinsured motorist coverage.
- Do not give a recorded statement to any insurer before you understand what the investigation shows.
Opening a probate estate is often necessary, because the survival action under A.R.S. § 14-3110 can only be brought by a personal representative. That appointment takes time, which is one reason families should not wait until the two-year mark under A.R.S. § 12-542 approaches.
Why the Government Notice Deadline Matters Here
Roadway design, signal timing, crosswalk placement, and street lighting are controlled by public entities. If any of those conditions contributed, the claim against the responsible city, county, or state entity is governed by A.R.S. § 12-821.01, which requires a written notice of claim served within 180 days of when the claim accrues. That is far shorter than the two-year period in A.R.S. § 12-542, and it runs while a family is still handling a funeral. The notice must state a specific settlement amount and the facts supporting it, so the decision about whether a public entity may share responsibility has to be made early, not after the police investigation closes.
If your family is facing this, our Phoenix pedestrian accident attorneys can explain your options and the deadlines that apply to your situation.