ABC15 reported that new surveillance video shows an ICE vehicle striking a man on a Houston-area street on Saturday. According to the report, ICE says the incident stemmed from a traffic stop. No findings about fault have been announced, and nothing in the report establishes legal responsibility on anyone's part.
When a pedestrian in Arizona is struck by a vehicle operated by a government employee, the claim follows a different track than an ordinary collision. A claim against a city, county, or state agency or its employee requires a written notice of claim served on the correct public entity and person within 180 days of when the claim accrues under A.R.S. § 12-821.01; missing that deadline can bar the claim entirely, even though the general personal injury statute of limitations under A.R.S. § 12-542 allows two years. Claims against a federal agency or federal employee are governed instead by the Federal Tort Claims Act, which requires an administrative claim filed with the agency, generally within two years, before any lawsuit may be brought. Identifying which government employs the driver is the first practical step, because the wrong form filed with the wrong office preserves nothing. Request surveillance footage early; agencies and nearby businesses overwrite video quickly.
Arizona Pedestrian Right of Way and How Fault Gets Divided
Arizona separates pedestrian right of way into two main 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. A pedestrian who was outside a crosswalk is not automatically barred from recovering. Arizona applies pure comparative fault under A.R.S. § 12-2505, which reduces damages by the percentage of fault assigned to the injured person rather than eliminating the claim. Someone found twenty percent at fault still recovers eighty percent of proven damages.
Any driver involved in a collision that injures a person has a duty to stop and remain at the scene under A.R.S. § 28-661. That duty does not change because the driver is on duty for a government agency.
Why the Identity of the Driver's Employer Changes Everything
Three different sets of rules can apply, and they are not interchangeable:
- Private driver. Two years from the date of injury under A.R.S. § 12-542, with no pre-suit notice requirement.
- Arizona city, county, or state employee. A notice of claim within 180 days under A.R.S. § 12-821.01, served on the entity and on the individual employee, stating a specific settlement amount and the facts supporting it. A one-year limitations period then applies to suit against the public entity.
- Federal employee or federal agency. An administrative claim submitted to the employing agency under the Federal Tort Claims Act before any court filing. State notice-of-claim statutes do not substitute for it.
If the employer is unclear, send notice on the shortest applicable timeline rather than waiting for confirmation. A notice filed unnecessarily costs nothing; one filed late can end the claim.
Practical Steps in the First Two Weeks
Get evaluated medically even if you walked away. Pedestrian impacts commonly produce head injuries and internal injuries that are not obvious in the first hours, and a gap between the incident and the first medical visit becomes an argument that the injuries came from something else.
Write down what you remember while it is fresh, including where you were standing, the direction the vehicle came from, and anything said at the scene. Photograph the location, the signage, and any markings. Identify businesses and residences with cameras facing the roadway and ask them in writing to preserve footage; a written preservation request is far more effective than a phone call.
Request the official report once it is available, and keep every bill, out-of-pocket receipt, and record of missed work. Do not give a recorded statement to any insurer or agency investigator before you understand what deadlines apply to your claim and who the correct defendant is.
If you were struck while walking anywhere in the Valley, our Arizona pedestrian accident attorneys can explain which deadline governs your claim and what to preserve now.