12 News reported that Phoenix police are trying to locate a driver connected to a fatal hit-and-run. According to the report, officers responded to a crash involving a car and a bicyclist, the bicyclist was pronounced dead at the scene, and police said the driver left. No further details have been confirmed, and no one has been identified or charged.
When a driver leaves the scene of a fatal bicycle crash in Arizona, the family's civil claim does not depend on whether the driver is ever found or charged. Arizona law requires a driver involved in a collision resulting in death or injury to stop and remain at the scene, and fleeing is a felony under A.R.S. § 28-661; a criminal case, however, is separate from the family's right to recover. Under A.R.S. § 12-611 through A.R.S. § 12-613, the surviving spouse, children, parents, or the estate may bring a wrongful death action, and A.R.S. § 14-3110 preserves claims the person held before death. Most wrongful death and injury claims must be filed within two years under A.R.S. § 12-542. If the driver is never identified, uninsured motorist coverage on a household auto policy often applies to a hit-and-run, even when the person killed was riding a bicycle rather than driving.
Leaving the Scene Is a Separate Crime, Not Proof of Fault
A.R.S. § 28-661 requires a driver involved in a crash that results in death or serious injury to stop, remain at the scene, and give identifying information. Failing to do so is charged separately from any charge related to how the crash happened. That distinction matters for families. A driver who flees may later be located and prosecuted for leaving, and still contest who caused the collision. The civil case has to be built on its own evidence: the physical scene, vehicle damage, surveillance or doorbell video from nearby businesses and homes, any debris or paint transfer, and witness accounts collected before memories fade.
It also matters that Arizona uses pure comparative fault under A.R.S. § 12-2505. An insurer may argue the bicyclist shares responsibility. Even if a percentage of fault is assigned to the person on the bike, the claim is reduced by that percentage rather than eliminated.
Recovering When the Driver Is Never Identified
Uninsured motorist coverage is the most common route after a hit-and-run. It typically covers the policyholder and household family members who are hurt by an unidentified or uninsured driver, including while walking or riding a bicycle. Check every auto policy in the household, not just one. Coverage can stack in some situations, and more than one policy may respond.
Uninsured motorist claims are still claims against an insurance company, and the company will ask for recorded statements, medical records, and proof that a hit-and-run occurred. Many policies also contain short internal notice requirements. Report the loss promptly, in writing, and keep a copy of what you sent and when.
Practical Steps in the First Weeks
Request the police report number and follow up on the investigation in writing rather than by phone alone. Ask nearby residences and businesses to preserve video quickly; most systems overwrite within days. Do not authorize repairs or disposal of the bicycle or the decedent's belongings, because the physical evidence can establish speed, impact angle, and vehicle type. Keep all bills and records in one place.
If any government vehicle or public entity turns out to be involved, A.R.S. § 12-821.01 requires a notice of claim within 180 days of when the claim accrues, a deadline far shorter than the two-year limit in A.R.S. § 12-542. Give no recorded statement to any insurer, including your own, until you understand what the policy requires and what it does not.
If your family is dealing with the death or injury of a bicyclist in this city, our Phoenix bicycle accident attorneys can explain what evidence needs to be preserved now.