KTAR News reported that two women were killed in a crash in Mesa during rainy conditions. According to the report, the women were crossing Center Street around 1 a.m. on Sunday when they were struck by a vehicle, police said. Police are seeking a dark sedan in connection with the collision. No determination of fault has been made, and the investigation is ongoing.
When a pedestrian is killed by a driver who leaves the scene, Arizona law still provides a path to recovery, even if the vehicle is never identified. A wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613 belongs to the surviving spouse, children, or parents of the person who died, or to the estate on their behalf, and it covers funeral costs, lost financial support, and the family's grief and loss of companionship. Leaving the scene of a fatal collision is a felony under A.R.S. § 28-661, but a criminal case is separate from the civil claim and does not have to conclude first. If the driver is never found, uninsured motorist coverage is often the primary source of compensation; a household auto policy can cover a family member who was walking at the time. Most civil claims must be filed within two years under A.R.S. § 12-542, so preserving evidence early matters.
Pedestrian Right of Way and the Fault Question in Arizona
Arizona sets out two basic rules. Under A.R.S. § 28-792, a driver must yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. Under A.R.S. § 28-793, a pedestrian crossing outside a crosswalk must yield to vehicles on the roadway.
Insurers often treat the second rule as the end of the discussion. It is not. Arizona follows pure comparative fault under A.R.S. § 12-2505, which means a family's recovery is reduced by the pedestrian's share of responsibility but is never eliminated by it. A person found partly at fault for crossing where they did can still recover the remaining percentage from a driver who was speeding, inattentive, or driving too fast for wet conditions. Darkness and rain cut both ways; they affect what a pedestrian could see and also what speed was reasonable for a driver. Those are questions of evidence, not assumptions.
When the Driver Is Unidentified
A hit-and-run case is built on physical evidence and time. Vehicle debris, paint transfer, and damage patterns can identify a make and model. Nearby businesses and residences frequently have cameras, and much of that footage is overwritten within days or weeks. A written request to preserve it, sent before it cycles out, is often the difference between an identified vehicle and a closed file.
At the same time, families should not wait on the police investigation to open the insurance side. Uninsured motorist coverage under a policy held by the person who died, or by a resident relative, typically applies to a pedestrian struck by an unidentified vehicle. These policies carry their own notice requirements and proof requirements, including prompt reporting of the hit-and-run to law enforcement. Request a certified copy of the police report and the complete declarations page of every auto policy in the household, even policies that seem unrelated.
Practical Steps in the First Weeks
Two separate claims can arise from a death. A wrongful death claim under A.R.S. § 12-611 compensates the statutory beneficiaries for their own losses. A survival action under A.R.S. § 14-3110 is brought by the personal representative for claims the person had before death, such as medical expenses. Opening an estate and appointing a personal representative is usually the first procedural step, because the representative has authority to request records, sign releases, and file suit.
Keep every funeral and medical invoice. Do not give a recorded statement to any insurer, including your own, before you understand what coverage you are claiming under. If a public entity such as a city or state agency ever becomes a defendant, a notice of claim must be served within 180 days under A.R.S. § 12-821.01, a deadline far shorter than the two-year limit in A.R.S. § 12-542.
If your family is dealing with a pedestrian death in this area, our Mesa pedestrian accident attorneys can explain what claims exist and what deadlines apply to them.