12 News reported that Surprise Police are investigating a crash involving a driver and a pedestrian, and that the pedestrian was left in critical condition. According to the report, impairment is not suspected. No findings about fault have been announced, and the investigation is ongoing.
When a pedestrian is struck by a vehicle in Arizona, the absence of suspected impairment does not end the question of liability. Drivers owe duties that exist independently of alcohol or drugs. A.R.S. § 28-792 requires a driver to yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection, and A.R.S. § 28-793 governs crossings outside those locations; even there, a driver must exercise due care to avoid striking a pedestrian. Most claims turn on speed, attention, lighting, sight lines, and reaction time, which are proven through the police investigation, scene evidence, and vehicle data rather than a single citation. Arizona applies pure comparative fault under A.R.S. § 12-2505, so a pedestrian found partly responsible still recovers, reduced by that percentage. The general deadline to file suit is two years under A.R.S. § 12-542, and claims against a government entity require written notice within 180 days under A.R.S. § 12-821.01.
A Sober Driver Can Still Be Liable
Impairment is one theory of negligence, not the only one. Ordinary negligence covers failing to yield, turning across a crosswalk without looking, speeding for conditions, following a distraction, or simply not seeing what a reasonably attentive driver would have seen. Police investigate whether a crime occurred; a civil injury claim asks a different question, which is whether the driver failed to use reasonable care and whether that failure caused the harm. A driver can be cleared of any criminal charge and still owe damages.
It also matters that fault is rarely all or nothing. Insurers frequently argue that a pedestrian crossed outside a crosswalk, wore dark clothing, or stepped off a curb suddenly. Under A.R.S. § 12-2505, those arguments reduce a recovery by the assigned percentage; they do not eliminate it. Do not accept an insurer's early assessment that the pedestrian was at fault as if it were a legal ruling.
What to Preserve While the Investigation Continues
Physical evidence at a crash scene disappears within days. Skid marks fade, vehicles are repaired or sold, and nearby businesses and residences overwrite camera footage on short cycles, often within a week or two. If you are able, or if a family member can act on behalf of someone who is hospitalized, do the following early:
- Request the Surprise Police report and the incident number, and note the names of any investigating officers listed on it.
- Identify every business, home, or doorbell camera with a view of the location and ask in writing that footage be preserved.
- Photograph the scene, including crosswalk markings, signal timing, signage, lighting, and any obstructions to visibility.
- Keep all medical records and bills, and write down which providers treated the injuries and when.
- Do not give a recorded statement to the driver's insurer before you understand the extent of the injuries.
Deadlines, Government Defendants, and Critical Injuries
The two-year deadline in A.R.S. § 12-542 is the outside limit for most pedestrian injury suits, but it is not the only clock. If a city, county, or state entity may share responsibility, for example through a roadway or signal design issue or a government-owned vehicle, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01. Missing that notice can bar the claim entirely even though two years remain on the statute of limitations.
Critical injuries create a practical problem: the full cost of the harm is not knowable for months. Medical bills arrive before anyone can say whether the injured person will return to work or need long-term care. Settling early, while the medical picture is open, usually means settling low. If an injured person cannot make decisions, a family member may need to be appointed to act on their behalf before any claim is resolved. If a person does not survive their injuries, Arizona handles the family's claim under A.R.S. § 12-611 to 12-613, and claims belonging to the person who died are handled under A.R.S. § 14-3110.
If you or a family member was struck by a vehicle in this area, our Surprise pedestrian accident attorneys can explain your options.