FOX 10 Phoenix reported that police are searching for a gold Toyota Sienna van following a fatal hit-and-run in Phoenix in which a woman and a dog were killed. No one has been identified publicly as the driver, and no charges have been reported. The search for the vehicle was still underway as of the report.
When a driver leaves the scene of a fatal collision in Arizona, the family's civil case does not depend on whether police ever find that driver. Arizona law gives a wrongful death claim to the surviving spouse, children, or parents of the person who died, or to the estate on their behalf, under A.R.S. § 12-611 to A.R.S. § 12-613; a separate survival action under A.R.S. § 14-3110 covers losses the person suffered before death. Most wrongful death claims must be filed within two years under A.R.S. § 12-542. Fleaving aside the criminal case, fleeing the scene is itself a crime under A.R.S. § 28-661, but a criminal charge is not required for a civil recovery. If the driver is never identified or carries no insurance, the family's own uninsured motorist coverage often becomes the primary source of compensation, and that coverage can apply to a household member struck while walking.
The Duty to Stop, and Why It Matters to a Civil Claim
A.R.S. § 28-661 requires a driver involved in a collision resulting in death or serious injury to stop at the scene, remain there, and provide identifying information. A violation is a felony. For a family, that statute does two things. First, it creates an independent basis for arguing the driver breached a legal duty, separate from how the collision itself happened. Second, it gives police a reason to pursue the vehicle aggressively, which is often how an unknown driver becomes a known defendant with an insurance policy behind them.
Leaving the scene does not shift the burden of proof. A family still has to show what happened and what it cost them. But flight can be relevant evidence, and insurers understand that a jury hears it.
Who May Bring the Claim and When
Under A.R.S. § 12-611 to A.R.S. § 12-613, a wrongful death action in Arizona is brought by the surviving spouse, child, or parent of the deceased, or by the personal representative of the estate on behalf of those survivors. Damages include the survivors' loss of companionship, guidance, and financial support, along with grief and funeral expenses. A survival action under A.R.S. § 14-3110 is a different claim, brought by the estate for the losses the person sustained before death, such as medical bills.
The general deadline is two years from the date of death under A.R.S. § 12-542. If any government entity or employee turns out to be involved, a written notice of claim must be served within 180 days under A.R.S. § 12-821.01, and that shorter clock is easy to miss. If comparative fault is raised, A.R.S. § 12-2505 reduces recovery by a percentage rather than barring it entirely.
A dog killed in a collision is treated as personal property under Arizona law, which limits recovery for the animal to property-based damages rather than the damages available for the loss of a person.
Practical Steps in the First Weeks
- Get the police report number and the name of the investigating officer, and request the report as soon as it is available.
- Ask whether any nearby businesses or homes have camera footage facing the roadway. Private video is frequently overwritten within days or weeks; a written preservation request sent early is the only reliable way to keep it.
- Pull every auto insurance policy in the household and look for uninsured motorist coverage and medical payments coverage. These apply to a pedestrian who was a named insured or a resident relative, even with no car involved on their side.
- Open a probate estate if a survival action or an estate-brought wrongful death claim is needed. This takes time and should not wait until the deadline is close.
- Keep funeral invoices, medical bills, and records of lost income in one place.
- Decline to give a recorded statement to any insurer, including your own, until you understand what coverage is at issue.
If your family is dealing with a death from a collision in Phoenix, our Phoenix wrongful death attorneys can explain which claims apply and which deadlines are already running.