12 News reported that a pedestrian pushing a bicycle on Interstate 10 near 79th Avenue in west Phoenix was struck and killed Thursday night. The Arizona Department of Public Safety is the reporting agency. No determination of fault has been announced, and nothing below assumes one.
When a pedestrian is killed on an Arizona freeway, the claim that follows belongs to the surviving family, not to the person who died. Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, let a surviving spouse, child, parent, or the personal representative of the estate bring one action for the family's losses; separately, A.R.S. § 14-3110 preserves claims the decedent held at the moment of death. Insurers in these cases often argue the pedestrian's own conduct, especially presence on a controlled access highway, explains everything. Arizona does not allow that argument to end a case. Under A.R.S. § 12-2505, the state follows pure comparative fault, so a family's recovery is reduced by the percentage of fault assigned to the decedent and nothing more. Even a large share of comparative fault leaves a recoverable claim. The general deadline, A.R.S. § 12-542, is two years from the date of death.
Comparative Fault Is a Reduction, Not a Defense
Expect the insurance company to raise the pedestrian's presence on the interstate early and often. That is an argument about percentages, not about whether a claim exists. A.R.S. § 12-2505 requires a jury to assign a share of fault to each person whose conduct contributed, then reduce damages by the decedent's share. A family found to bear half the fault still recovers half. Arizona has no bar at 50 percent and no bar at 99 percent.
The other half of that analysis is the driver's conduct, which is what an investigation is for. Speed, lane position, lighting, visibility, reaction, and whether the driver stopped are all facts to be established, not assumed. If a driver leaves the scene of a crash involving death or injury, A.R.S. § 28-661 imposes a duty to stop and remain; that duty exists independently of who had the right of way. If an investigating agency later reports suspected impairment, A.R.S. § 28-1381 governs the criminal side, though a criminal outcome is not required for a civil claim to proceed.
Freeway Evidence Disappears in Days
Interstate scenes are cleared quickly because the road has to reopen. Debris is swept, vehicles are towed and sometimes repaired or sold, and the physical record of the collision is gone within a week. A few steps protect what remains:
- Request the DPS report and the case number as soon as the report is released, and ask whether a fatal collision reconstruction team responded.
- Send written preservation letters to the driver, the insurer, and any employer, asking that the vehicle, its event data recorder, and any dashcam or telematics data be held and not repaired or sold.
- Identify sources of video now, including ADOT freeway cameras, nearby business cameras, and commercial vehicle cameras. Most systems overwrite on a short loop.
- Do not give a recorded statement to the other driver's insurer before you understand what the investigation shows.
- Gather the decedent's own auto policy. Uninsured and underinsured motorist coverage often pays a pedestrian who is struck, and family members' policies may apply as well.
Who Can File, and By When
Only the people listed in A.R.S. § 12-612 may bring a wrongful death action: the surviving spouse, a child, a parent or guardian, or the personal representative of the estate acting for them. One action covers everyone, which is why families should coordinate rather than file separately. Damages under A.R.S. § 12-613 include the loss of companionship, care, and guidance, along with financial support and the family's grief and anguish. A survival action under A.R.S. § 14-3110 is the vehicle for the decedent's own losses before death and for funeral and burial expenses.
The outside deadline is two years under A.R.S. § 12-542. One deadline is far shorter. If any claim is made against a public entity or a public employee, A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues, and a lawsuit against that entity within one year. Missing the 180-day notice ends that portion of the case permanently, so the question of whether a government defendant exists needs an answer within weeks, not months.
If your family is facing this, our Phoenix pedestrian accident attorneys can explain your options and the deadlines that apply to you.