12 News reported that Tempe police are looking for a driver who left the scene after striking a man walking on McClintock Drive near Broadway. According to the report, his wife said he was walking to get a snack when a driver hit him. The outlet reported that his injuries may end his career as a musician. No driver has been identified or charged.
When a driver leaves the scene after striking a person on foot, the injury claim does not depend on catching that driver. Arizona requires uninsured motorist coverage to be offered on every auto policy, and a hit-and-run vehicle generally qualifies as an uninsured vehicle, so an injured pedestrian may be able to recover under their own policy, a resident family member's policy, or in some cases a policy covering a vehicle they occupied. Those claims still carry conditions: prompt reporting to law enforcement, prompt written notice to the insurer, and cooperation with the insurer's investigation. Fleeing is separately a crime under A.R.S. § 28-661, and a conviction is not required before a civil claim proceeds. Damages in a serious pedestrian case are not limited to medical bills; lost earning capacity matters when an injury permanently takes away the physical ability to do the work someone was trained to do. The deadline for most injury suits is two years under A.R.S. § 12-542.
What Arizona Law Requires of a Driver Who Hits Someone
A.R.S. § 28-661 requires a driver involved in a collision that injures another person to stop at the scene, remain there, and give aid and identifying information. Leaving is a felony. That statute is enforced by the state, not by you, but the same conduct is powerful evidence in a civil case, and the criminal investigation often produces the only record of the vehicle.
Practical steps while the driver is still unidentified:
- Make sure a police report exists and get the report number. An uninsured motorist claim for a hit-and-run almost always requires a timely report to law enforcement.
- Ask investigators what they have and keep asking. Vehicle debris, paint transfer, and body shop records are how these cases get solved.
- Canvass for video yourself or have someone do it quickly. Businesses and homes along a busy arterial often record over footage within days or weeks.
- Notify every auto insurer that might cover you in writing, even if you were on foot. Coverage follows the person, not just the car.
Right of Way and Comparative Fault
Arizona gives pedestrians the right of way in marked and unmarked crosswalks under A.R.S. § 28-792, and A.R.S. § 28-793 governs crossing outside a crosswalk, where a pedestrian must yield to vehicles. Insurers raise that second statute often, and it is worth understanding what it does not do. Being outside a crosswalk is not a bar to recovery. Under A.R.S. § 12-2505, Arizona uses pure comparative fault, so a pedestrian found partly responsible has their award reduced by that percentage rather than eliminated. A driver also retains a duty to exercise due care to avoid hitting a person on the roadway. Do not accept an adjuster's framing that walking in the wrong place ends the claim.
Documenting an Injury That Ends a Career
When an injury takes away the ability to perform specialized physical work, the largest part of the claim is usually future lost earning capacity, and it is the part most often undervalued. Build the record early:
- Get treating physicians to describe function, not just diagnosis: grip, range of motion, endurance, fine motor control, and what the patient can no longer do.
- Preserve proof of past earnings from the work, including irregular income such as performance fees, tax returns, and payment records.
- Keep evidence of work that was scheduled and then lost, including bookings, contracts, and cancellations.
- Save receipts for anything bought to adapt or to try to return to the work.
Do not give a recorded statement or sign a broad medical authorization for any insurer before you understand what the claim is worth. Early offers in hit-and-run cases tend to be made before anyone knows whether the injury is permanent.
If you or a family member was struck while walking in Tempe, our Tempe pedestrian accident attorneys can explain which policies may apply and what deadlines are already running.