12 News reported that a pedestrian suffered life-threatening injuries in a hit-and-run crash in Phoenix, and that police were still searching for the vehicle that fled. No other details about the people involved have been reported, and no one has been charged.
When a driver leaves the scene after striking a pedestrian in Arizona, the injured person still has a path to compensation even if the vehicle is never identified. Arizona requires every driver involved in a collision causing injury to stop, remain at the scene, and render aid under A.R.S. § 28-661; leaving is a felony, and that criminal exposure is separate from any civil claim for damages. If police locate the driver, a bodily injury liability claim proceeds against that driver's insurer. If the driver is never found, uninsured motorist coverage on the pedestrian's own auto policy, or on the policy of a resident relative, usually applies, because an unidentified hit-and-run vehicle counts as an uninsured vehicle under most Arizona policies. Pedestrians do not need to have been inside a car to use that coverage. The deadline to file suit for personal injury is generally two years from the date of injury under A.R.S. § 12-542.
Uninsured Motorist Coverage Is the Main Source of Recovery in an Unsolved Hit-and-Run
Check every auto policy in the household, not just the injured person's own. Uninsured motorist coverage typically extends to a named insured, a spouse, and resident relatives, and it follows the person rather than the car. That means someone struck while walking can often claim under a policy written for a vehicle that was parked at home at the time.
Two practical points matter early. First, most policies require prompt notice to the insurer and cooperation with the investigation, so report the incident to your own carrier even though your own vehicle was not involved. Second, many policies require that an unidentified vehicle be reported to law enforcement within a short window, which is one reason the police report matters even when the driver is gone. If the driver is later identified and carries too little coverage, underinsured motorist coverage can sit on top of the driver's liability limits.
Health insurance, MedPay, and ERISA plans may pay medical bills in the meantime, and those payers often assert a right to be reimbursed out of any settlement. Track every bill and every payment from the start.
Fleeing Does Not Settle the Question of Fault
An insurer evaluating an uninsured motorist claim will still ask how the collision happened, and it can argue the pedestrian shares responsibility. Arizona uses pure comparative fault under A.R.S. § 12-2505, so a recovery is reduced by the injured person's percentage of fault but is not eliminated, even at a high percentage. There is no threshold that cuts off a claim.
Right of way rules drive much of that analysis. A.R.S. § 28-792 requires drivers to yield to a pedestrian lawfully in a crosswalk, and A.R.S. § 28-793 addresses a pedestrian's duty to yield when crossing outside a crosswalk. Those statutes allocate duties in both directions, and a pedestrian crossing outside a crosswalk is not automatically barred from recovering. Drivers still owe a duty of reasonable care, including the duty to keep a proper lookout.
If injuries prove fatal, Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, govern claims by the surviving spouse, children, or parents, and A.R.S. § 14-3110 governs claims that survive on behalf of the estate.
What to Do in the First Days
Evidence in hit-and-run cases disappears quickly, and most of it is not in police hands.
- Get the police report number and the name of the investigating agency, then request the report once it is available.
- Ask nearby businesses and homeowners for surveillance or doorbell video within days; many systems overwrite footage in a week or less.
- Photograph the scene, including sightlines, lighting, signage, and any debris or vehicle parts left behind. Parts left at a scene can identify a make and model.
- Write down anything you or a witness remembers about the vehicle while the memory is fresh, and collect witness contact information.
- Follow medical advice and keep every discharge instruction, bill, and imaging record. Gaps in treatment are the first thing an adjuster points to.
- Do not give a recorded statement to any insurer before you understand what coverage applies and what the policy requires of you.
If a government vehicle or a public entity turns out to be involved, a notice of claim must be served within 180 days under A.R.S. § 12-821.01, a far shorter deadline than the two-year period in A.R.S. § 12-542.
If you or a family member was struck while walking in the Valley, our Phoenix pedestrian accident attorneys can explain which policies apply and what has to be preserved now.