12 News reported that a pedestrian was hospitalized with serious injuries after a crash involving a vehicle in Phoenix. According to that report, police confirmed the vehicle remained at the scene, and the investigation is continuing. No conclusions about fault have been announced, and nothing below should be read as a statement about who was responsible.
A pedestrian seriously injured by a vehicle in Arizona can bring a claim for medical bills, lost income, future care, and pain and suffering, and the claim does not depend on anyone being cited or charged. Fault is decided under the civil standard, not the criminal one, and Arizona uses pure comparative fault under A.R.S. § 12-2505, which reduces a recovery by the injured person's own percentage of fault but never bars it outright. That matters because insurers often argue a pedestrian crossed outside a crosswalk; even if that is partly true, a substantial recovery remains possible. Right of way is governed by A.R.S. § 28-792, which requires drivers to yield to pedestrians in marked and unmarked crosswalks, and A.R.S. § 28-793, which requires pedestrians crossing elsewhere to yield to vehicles. Most injury suits must be filed within two years under A.R.S. § 12-542, and claims involving a government entity or employee require a written notice of claim within 180 days under A.R.S. § 12-821.01.
Right of Way Is the First Question, Not the Last
Insurance adjusters tend to treat the crosswalk question as decisive. It is not. A.R.S. § 28-792 places the duty on the driver to yield when a pedestrian is in a crosswalk, marked or unmarked, on the driver's half of the roadway or close enough to be in danger. A.R.S. § 28-793 reverses that duty for a pedestrian crossing at a point other than a crosswalk. But a driver who was speeding, distracted, or failed to keep a proper lookout can still be substantially at fault even where a pedestrian did not have the right of way. Under A.R.S. § 12-2505, a jury assigns a percentage to each person involved, and the injured person recovers the remainder. A pedestrian found twenty percent at fault on a $500,000 case still recovers $400,000.
This is why the physical evidence matters more than anyone's first impression. Signal timing, lighting, sight lines, vehicle speed from event data, and the location of impact damage on the vehicle often tell a different story than an initial statement taken at a chaotic scene.
What to Do While the Investigation Is Open
A police investigation collects what the police need. It does not collect everything a civil claim needs, and it does not preserve evidence on your behalf.
- Get the report number and request the full report, including any diagrams, measurements, and body camera or dash camera footage. Agencies purge footage on their own schedules.
- Identify cameras quickly. Businesses, apartment buildings, buses, and doorbell cameras near a roadway often overwrite footage within days or weeks. A written preservation request stops that clock.
- Follow every medical instruction and keep going to appointments. Gaps in treatment are the single most common argument used to discount a serious injury claim.
- Do not give a recorded statement to the driver's insurer before you understand the facts and your own injuries. You are not required to.
- Photograph injuries as they change, and keep a short daily note on pain, sleep, and what you cannot do. Records written at the time carry weight later.
Deadlines and Sources of Payment
The general deadline to file a personal injury lawsuit in Arizona is two years from the date of injury under A.R.S. § 12-542. If the injured person dies, a wrongful death claim under A.R.S. § 12-611 through A.R.S. § 12-613 belongs to the surviving spouse, children, or parents, and claims the person held at death may continue as a survival action under A.R.S. § 14-3110. If any government entity or public employee is a potential defendant, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and missing that date usually ends the claim regardless of its merits.
On payment, serious pedestrian injuries routinely exceed a driver's liability limits. Look at every available layer: the driver's liability coverage, any employer or commercial policy if the vehicle was being used for work, and the injured person's own underinsured motorist coverage, which in Arizona can apply to a pedestrian struck by a vehicle. Health insurance and medical payments coverage can carry bills in the meantime, though both may assert reimbursement rights out of a settlement.
If you or a family member was hurt walking in the city, our Phoenix pedestrian accident attorneys can explain what your claim is worth and what has to happen first.