KTAR News reported that a driver turned himself in to police on Wednesday after allegedly hitting two pedestrians with a car in Nashville, Tennessee, and leaving the scene. According to the report, police said the two pedestrians had the right of way while crossing a main street in downtown Nashville last week when the driver allegedly turned at a red light and ran them over. These are allegations described by police; no one has been convicted of anything.
In Arizona, a pedestrian lawfully crossing with the right of way who is struck by a turning vehicle has a civil claim against the driver that is separate from any criminal case. A.R.S. § 28-792 requires drivers to yield to a pedestrian within a crosswalk on the driver's half of the roadway, and A.R.S. § 28-793 governs crossings outside marked crosswalks. A driver who leaves the scene of a collision involving injury violates A.R.S. § 28-661, which requires stopping, returning, and remaining to exchange information and render aid. Leaving does not end the injured person's claim; an uninsured motorist claim under the pedestrian's own auto policy, or a household member's policy, often applies when the driver is never identified or carries no coverage. Most injury suits must be filed within two years under A.R.S. § 12-542, and any share of fault assigned to the pedestrian reduces rather than bars recovery under A.R.S. § 12-2505.
Turning Drivers and the Right of Way in Arizona
A turn is the moment a driver is most likely to miss someone on foot. The driver is watching for a gap in cross traffic, and the crosswalk is to the side of that line of sight. Arizona law does not excuse that. Under A.R.S. § 28-792, a driver must yield the right of way and slow or stop for a pedestrian crossing within a crosswalk on the driver's half of the roadway, or close enough to it to be in danger. A.R.S. § 28-793 addresses pedestrians crossing at points other than a marked crosswalk or an unmarked crosswalk at an intersection, where the pedestrian generally yields to vehicles; even then, a driver still owes a duty of reasonable care to avoid hitting a person who is visible in the road.
Two practical points follow. First, a crosswalk does not have to be painted. An unmarked crosswalk exists at most intersections where sidewalks or shoulders meet, and the right of way rules apply there. Second, the fact that a signal permitted the driver to turn says nothing about whether the driver yielded to people already in the crossing. Those are separate questions, and insurers often blur them.
When the Driver Leaves the Scene
A.R.S. § 28-661 requires a driver involved in a collision resulting in injury or death to stop at the scene, return to it, and remain there to provide identifying information and render reasonable assistance. Violating that statute is a crime, but a criminal charge is not the injured person's remedy. The criminal case can result in a conviction and restitution; it does not compensate for medical bills, lost income, or pain. The civil claim is where that happens, and it proceeds on its own timeline.
If the driver is identified later, as happens when someone turns themselves in or a vehicle is traced, the civil claim goes against that driver and their liability insurer. If the driver is never identified, or is identified but uninsured, uninsured motorist coverage is the usual path. Pedestrians are frequently surprised to learn that their own auto policy can cover them while they are on foot; that coverage follows the person, not the car. Check every policy in the household, including a spouse's or a resident relative's. Report the collision to your own insurer promptly, because UM policies carry notice requirements of their own that are shorter than the court deadline.
Steps That Protect the Claim, and the Deadlines That End It
Get evaluated the same day if you have not already, and keep going to the follow-up appointments. Gaps in treatment are the first thing an adjuster points to. Ask the responding agency for the report number and request a copy once it is released; a hit-and-run investigation file often contains witness statements and camera leads you cannot gather yourself. Photograph the crossing, the signal, the sight lines, and your injuries as they change. Downtown intersections, transit vehicles, and nearby businesses often have cameras that overwrite footage in days, so send preservation requests early.
On deadlines: most Arizona personal injury suits must be filed within two years under A.R.S. § 12-542. If a government entity or employee is involved, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and suit against that entity must be filed within one year. If a pedestrian dies, the family's claims run under A.R.S. § 12-611 through A.R.S. § 12-613, and the claims the decedent held personally survive through the estate under A.R.S. § 14-3110. Fault that an insurer tries to assign to the pedestrian does not bar the case; under A.R.S. § 12-2505 it reduces recovery by that percentage.
If you or a family member were hit while walking in Arizona, see our Arizona pedestrian accident practice page for how these claims are handled.