A woman using a mobility scooter was critically injured after being struck by a car on Monday, according to the Phoenix Police Department. The incident was reported by ABC15. No determination of fault has been announced, and the reported facts are limited to what police released.
Arizona traffic law treats a person using a wheelchair or similar personal mobility device as a pedestrian, not as a vehicle, which means the right-of-way rules in A.R.S. § 28-792 and A.R.S. § 28-793 apply. A driver must yield to a pedestrian lawfully in a crosswalk, and a pedestrian crossing outside a marked crosswalk must yield to vehicles; neither rule decides a case by itself, because every driver still owes a duty of reasonable care and must keep a proper lookout. Under A.R.S. § 12-2505, Arizona uses pure comparative fault, so an injured person whose own conduct contributed to a collision can still recover damages reduced by that person's percentage of fault. There is no cutoff percentage. Most injury claims must be filed within two years under A.R.S. § 12-542, and claims against a city, county, or state entity require a written notice of claim within 180 days under A.R.S. § 12-821.01.
Why Mobility Device Cases Turn on Sight Lines and Speed, Not Just Position
Insurers often open these claims by asking where the mobility device was at impact. That matters, but it is rarely the whole analysis. A mobility scooter sits lower than a standing adult and moves at a steady, slow pace, which affects what a driver turning or backing should have seen and how much time the driver had to stop. Investigators look at approach speed, whether the driver was turning across a crosswalk, lighting, obstructions such as parked vehicles or landscaping, and whether the device was equipped with reflectors or lights.
Even when a pedestrian is outside a crosswalk and had a duty to yield under A.R.S. § 28-793, a driver who was speeding, distracted, or failed to keep a proper lookout can still carry a share of fault. Under A.R.S. § 12-2505, that shared fault reduces recovery rather than eliminating it. A driver who leaves the scene of a collision involving injury also faces obligations under A.R.S. § 28-661.
What to Do When the Injured Person Cannot Act for Themselves
In a critical injury case, the person hurt is usually in no position to preserve anything. A family member has to do it. Practical steps that matter in the first weeks:
- Request the police report and the incident number from the investigating agency, and note the names of any officers listed on it.
- Do not discard the mobility scooter or allow it to be repaired or scrapped. It is physical evidence of impact direction and force.
- Photograph the location, including sight lines from the direction the car was traveling, at the same time of day.
- Identify nearby businesses or residences that may have cameras, and ask in writing that footage be preserved. Many systems overwrite within days.
- Write down what any witnesses said at the scene while it is fresh, without putting words in anyone's mouth.
- Keep every medical record, bill, and explanation of benefits in one place.
If the injured person lacks capacity to make decisions, a family member may need court authority to act on their behalf before signing anything. Do not sign insurer releases or give a recorded statement on behalf of an incapacitated person until that authority and the medical picture are clear.
Deadlines and Who May Bring a Claim
The general deadline for a personal injury lawsuit in Arizona is two years from the date of injury under A.R.S. § 12-542. If a government entity or employee may share responsibility, for example through a roadway design or maintenance issue, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and missing that notice can bar the claim entirely even though the two-year deadline has not run.
If a person with critical injuries later dies, Arizona law provides two separate paths. A wrongful death claim belongs to the statutory beneficiaries under A.R.S. § 12-611 through A.R.S. § 12-613, and a survival action for the losses the person suffered before death is brought by the estate under A.R.S. § 14-3110. These are distinct claims with distinct damages, and both should be evaluated together rather than one at a time.
If you or a family member was struck while walking or using a mobility device in the Valley, our Phoenix pedestrian accident attorneys can explain your options.