TL;DR
If your family member was a pedestrian killed in an accident in Arizona, you have the right to file a wrongful death lawsuit against the at-fault party. Under Arizona law, eligible surviving family members can seek financial compensation for economic losses like funeral expenses and lost future income, as well as for non-economic damages such as loss of companionship, sorrow, and mental anguish. The claim must be filed within two years of the date of death, and Arizona’s pure comparative negligence rule means you can still recover damages even if the pedestrian was partially at fault.
Key Highlights
- Right to File a Lawsuit: Surviving spouses, children, parents, or the personal representative of the estate can file a wrongful death claim.
- Types of Compensation: You can pursue compensation for funeral costs, lost wages, medical bills incurred before death, and the loss of love, care, and companionship.
- Two-Year Deadline: Arizona has a strict two-year statute of limitations for filing a wrongful death lawsuit.
- Shared Fault is Not a Barrier: Even if the pedestrian was partially responsible, your family can still recover damages, although the amount will be reduced by their percentage of fault.
- Preserve Evidence: It is vital to secure the police report, witness information, and any other evidence related to the incident.
Introduction
Arizona consistently faces a serious challenge with pedestrian safety. According to the Arizona Department of Transportation, hundreds of pedestrians lose their lives on the state’s roads each year, placing it among the states with the highest rates of pedestrian fatalities per capita. These are not just numbers; they represent families in communities from Phoenix to Tucson and Flagstaff who are left to cope with a sudden and tragic loss. The high speeds on arterial roads in cities like Scottsdale and Mesa, combined with moments of driver inattention, create a dangerous environment for anyone on foot.
The legal framework that governs these incidents is specific and defined by state law. Arizona Revised Statutes (A.R.S.) § 12-611 through § 12-613 specifically outline the basis for a “wrongful death” action. This statute allows a claim to be brought when a person’s death is “caused by the wrongful act, neglect, or default” of another. This legal foundation is the primary tool families have to hold negligent parties accountable, whether it’s a distracted driver, a drunk driver, or a commercial trucking company whose employee caused the fatal collision.
Understanding your family’s rights under these statutes is the first step toward seeking justice and securing financial stability after an unexpected loss. The legal process provides a structured way to demand accountability and recover compensation that addresses the profound financial and emotional costs inflicted upon your family. This knowledge empowers you to make informed decisions during a difficult period, ensuring that the responsible parties are held liable for their actions.
Justice starts with action. Speak with Life Justice Law Group now.
Understanding Wrongful death Claims in Arizona Pedestrian Cases
When a pedestrian is killed due to someone else’s negligence, the legal recourse for the family is a wrongful death claim. This is a type of civil lawsuit, separate from any criminal charges the state might pursue against the driver. The purpose of a wrongful death claim is not to punish the at-fault party with jail time but to provide financial compensation to the surviving family members for the losses they have suffered.
The basis for this action is found in A.R.S. § 12-611, which states that if a person’s death is caused by an act that would have allowed the deceased person to file a personal injury lawsuit had they survived, then a wrongful death claim can be initiated. In simple terms, if the pedestrian could have sued for their injuries, their family can sue for their death.
Who Can File a Claim?
Not just anyone can file a wrongful death lawsuit in Arizona. The law is very specific about who has the legal standing to bring a claim. According to A.R.S. § 12-612, the action can be brought by and for the benefit of:
- The surviving spouse
- The surviving children
- A surviving parent or guardian
- The personal representative of the deceased person’s estate
If the claim is filed by the personal representative (also known as an executor), any damages recovered are distributed to the spouse, children, parents, or other beneficiaries of the estate. The law prioritizes the closest surviving relatives. For example, if the deceased had a spouse and children, they would be the primary beneficiaries of the claim.
Proving Negligence in a Pedestrian Fatality Case
To succeed in a wrongful death claim, your legal team must prove four key elements. The burden of proof rests on the plaintiff (the family filing the claim) to show that it is more likely than not that the defendant was negligent.
- Duty of Care: The first step is to establish that the driver owed the pedestrian a “duty of care.” All drivers on Arizona roads have a legal duty to operate their vehicles safely and follow traffic laws to avoid harming others, including pedestrians. This is a fundamental and easily established element.
- Breach of Duty: Next, you must prove that the driver breached this duty. This is the “negligent act” itself. Examples of a breach of duty in a pedestrian accident include:
- Speeding
- Driving while distracted (texting, talking on the phone)
- Driving under the influence of alcohol or drugs
- Failing to yield the right-of-way to a pedestrian in a crosswalk
- Ignoring traffic signals or stop signs
- Making an improper turn
- Causation: You must then connect the driver’s breach of duty directly to the pedestrian’s death. This means showing that the accident would not have happened but for the driver’s negligent actions. For instance, if the driver ran a red light and struck the pedestrian, the running of the red light is the direct cause of the fatal injuries.
- Damages: Finally, you must demonstrate that the surviving family members suffered legally recognized damages as a result of the death. These damages can be both financial and emotional, covering everything from funeral costs to the loss of companionship.
Evidence used to prove these elements often includes the official police report, photos and videos from the scene, witness testimony, and expert analysis from accident reconstruction specialists who can determine vehicle speed and other critical factors.
Determining Fault: Arizona’s Comparative Negligence Rule
In many pedestrian accidents, the insurance company for the at-fault driver will try to shift blame onto the victim. They might claim the pedestrian was not paying attention, was wearing dark clothing at night, or crossed the street outside of a designated crosswalk. While these factors can play a role, they do not automatically prevent a family from recovering compensation in Arizona.
This is because Arizona follows a “pure comparative negligence” rule, as defined in A.R.S. § 12-2505. This legal doctrine is one of the most important concepts for families to understand.
How Fault Impacts Your Claim
Pure comparative negligence means that a plaintiff can recover damages even if they are found to be partially at fault for the accident. A judge or jury will assign a percentage of fault to each party involved. The plaintiff’s total compensation award is then reduced by their percentage of fault.
Here is a practical example:
- A pedestrian is killed while crossing a street mid-block, away from a crosswalk. The driver who struck them was speeding and texting at the time.
- A jury determines that the total damages for the family amount to $1,000,000.
- However, the jury also finds that the pedestrian was 20% at fault for crossing outside a crosswalk, and the driver was 80% at fault for speeding and being distracted.
- Under Arizona’s rule, the family’s $1,000,000 award would be reduced by their loved one’s 20% share of fault.
- The final amount the family would receive is $800,000 ($1,000,000 – 20%).
This rule is critical because it allows for recovery even in complex situations. In some states, if a victim is found to be 50% or 51% at fault, they are barred from recovering any damages at all. In Arizona, you can theoretically be 99% at fault and still recover 1% of your damages.
Common Causes of Pedestrian Accidents and Shared Fault
Investigators and legal teams will look at many factors to determine fault. Common scenarios where fault may be shared or disputed include:
- Jaywalking: While pedestrians are expected to use crosswalks, drivers still have a duty to see what is there to be seen and avoid a collision if possible. A driver who had ample time to see a jaywalking pedestrian but failed to do so may still be held largely at fault.
- Distracted Walking: If the pedestrian was looking at their phone or wearing headphones and walked into traffic, they may be assigned a portion of the fault.
- Nighttime Accidents: If the accident occurred at night and the pedestrian was wearing dark clothing in a poorly lit area, the defense may argue they were not visible. However, drivers are required to use their headlights and drive at a safe speed for the conditions.
- Impairment: If either the driver or the pedestrian was under the influence of alcohol or drugs, this will be a significant factor in the fault determination.
An experienced attorney will work with accident reconstruction experts to build the strongest case possible, demonstrating that the driver’s negligence was the primary cause of the tragedy, regardless of minor contributing factors from the pedestrian.
The Types of Compensation Available to Families
No amount of money can replace a lost loved one. However, the legal system provides a way for families to obtain financial resources to cover the tangible and intangible losses caused by a wrongful death. In Arizona, damages are typically divided into three categories: economic, non-economic, and, in rare cases, punitive.
Economic Damages
Economic damages are intended to compensate the family for direct, calculable financial losses. These are losses that can be proven with receipts, bills, and expert financial projections. They include:
- Medical Expenses: Any costs for medical care the deceased received between the time of the accident and their death, such as ambulance rides, emergency room treatment, and hospital stays.
- Funeral and Burial Costs: The reasonable expenses associated with the funeral, burial, or cremation services.
- Lost Income and Benefits: The wages, salary, and benefits (like health insurance or retirement contributions) that the deceased would have earned over their expected lifetime. This is often one of the largest components of a wrongful death award and typically requires an economist to calculate.
- Loss of Household Services: The monetary value of the services the deceased provided to the household, such as childcare, home maintenance, cooking, and financial management.
Non-Economic Damages
Non-economic damages compensate the family for the profound, personal, and emotional losses that do not have a specific price tag. These are often the most significant part of a wrongful death claim because they acknowledge the human cost of the tragedy. Under Arizona law, these damages can include:
- Loss of Love, Care, and Companionship: Compensation for the loss of the unique relationship the survivors had with the deceased. This is often called “loss of consortium” when referring to a spouse’s loss.
- Sorrow, Grief, and Mental Anguish: The emotional suffering and mental pain experienced by the surviving family members.
- Pain and Suffering of the Deceased: This is part of a “survival action,” which is a claim brought on behalf of the deceased’s estate. It allows for recovery for the conscious pain and suffering the victim experienced from the moment of injury until their death.
Arizona law allows the jury to consider the specific relationship between the deceased and each survivor. The grief of a spouse who lost their partner of 50 years will be valued differently than that of an adult child who lived in another state.
Punitive Damages
Punitive damages are different from economic and non-economic damages. Their purpose is not to compensate the family but to punish the defendant for extremely reckless or malicious behavior and to deter others from similar conduct. Punitive damages are not awarded in every case. To receive them, the plaintiff must prove with “clear and convincing evidence” that the defendant acted with an “evil mind.” This could include situations where a driver was street racing, had an extremely high blood alcohol concentration, or was a repeat DUI offender. The standard of proof is much higher than for other damages.
The Critical Timeline: Arizona’s Statute of Limitations
In any legal matter, time is a critical factor. For families pursuing a wrongful death claim in Arizona, there is a strict deadline for filing a lawsuit. This deadline is known as the statute of limitations, and failing to meet it will almost certainly result in the court dismissing your case permanently, regardless of how strong it is.
The Two-Year Deadline
Under A.R.S. § 12-542, the statute of limitations for filing a wrongful death lawsuit in Arizona is two years. The clock on this two-year period typically starts on the date of the person’s death. It is not the date of the accident, although in many cases, these dates are the same. If the pedestrian was hospitalized for a week before passing away, the two-year countdown begins from the day they died.
While two years may seem like a long time, it can pass quickly. During this period, evidence needs to be gathered, an investigation must be completed, and negotiations with insurance companies may take place. It is essential to contact a legal professional well before the deadline approaches to ensure all necessary steps are taken to preserve your family’s rights.
Exceptions You Cannot Ignore
There are a few important exceptions to the standard two-year rule that can shorten the time you have to act. The most common and critical exception involves claims against government entities.
- Claims Against Government Bodies: If the at-fault driver was a government employee operating a government vehicle (e.g., a city bus driver, a county maintenance worker, a state employee), the rules are different. Before you can file a lawsuit, you must first file a “Notice of Claim” with the responsible government agency. Under A.R.S. § 12-821.01, this notice must be filed within 180 days of the accident.
- Failure to file this Notice of Claim within the 180-day window will bar you from ever filing a lawsuit against that government entity. This is a much shorter and stricter deadline than the two-year statute of limitations.
Another potential exception is the “discovery rule,” which can sometimes extend the deadline if the cause of death was not immediately known. However, this is rare in fatal pedestrian accident cases where the cause is usually clear. The safest approach is to assume the two-year clock starts at the date of death and to be aware of the much shorter deadline for government-related claims.
The Role of Insurance Companies and Uninsured/Underinsured Motorists
After a fatal pedestrian accident, your family will almost certainly have to deal with one or more insurance companies. This can be a complex and frustrating process, as the insurance company’s primary goal is to protect its financial interests by paying out as little as possible.
Dealing with the At-Fault Driver’s Insurer
Shortly after the accident, an insurance adjuster from the at-fault driver’s insurance company will likely contact your family. It is vital to be cautious in these conversations. The adjuster may seem friendly and sympathetic, but their job is to find information that can be used to devalue or deny your claim.
- Do not give a recorded statement: You are not legally obligated to provide a recorded statement to the other party’s insurer. They can use your words out of context to argue that your loved one was at fault or that your damages are not as severe as you claim.
- Do not sign any documents: The insurer may offer a quick, low settlement and ask you to sign a release form. Signing this form will permanently waive your right to pursue any further compensation, even if you later discover the full extent of your financial losses.
- Do not accept an early settlement offer: The first offer is almost always far less than what your case is worth. It is designed to close the case quickly and cheaply.
It is best to let an experienced attorney handle all communications with the at-fault driver’s insurance company. An attorney will know how to protect your rights and will build a comprehensive claim for damages to negotiate a fair settlement.
When the Driver Has No Insurance
A difficult situation arises when the at-fault driver is uninsured or flees the scene (a hit-and-run). If the driver has no liability insurance, there is no insurance company to file a claim against. While you can still sue the driver personally, they often have few assets, making it difficult to collect any judgment.
In these cases, your family may be able to turn to your own loved one’s auto insurance policy. If the deceased had Uninsured Motorist (UM) coverage on their policy, it can be used to cover the damages from the accident. UM coverage steps into the shoes of the at-fault driver’s missing insurance and provides compensation for your family’s losses, up to the policy limits. This coverage applies even though your loved one was a pedestrian and not in a car at the time.
Similarly, if the at-fault driver has insurance but their policy limits are too low to cover the full extent of your damages, your loved one’s Underinsured Motorist (UIM) coverage may apply. For example, if your damages total $500,000 but the at-fault driver only has a $50,000 policy, your UIM coverage could potentially cover the remaining $450,000, depending on your policy limits.
Practical Steps for Families to Protect Their Legal Rights
The period following the loss of a family member is filled with grief and confusion. While legal matters may be the last thing on your mind, taking certain steps early on can be crucial for protecting your family’s right to compensation.
1. Do Not Speak with the Other Party’s Insurance Company
As mentioned, it is best to avoid direct communication with the at-fault party’s insurer. Politely decline to give a statement and refer them to your attorney. Anything you say can be misinterpreted and used against your family’s interests.
2. Preserve All Evidence
Evidence can disappear quickly. If possible, take action to preserve anything related to the incident.
- Photographs and Videos: If anyone took photos or videos at the scene, secure copies.
- Witness Information: Make a list of the names and contact information of anyone who saw the accident. Their testimony can be invaluable.
- Physical Evidence: Keep the clothing and shoes the pedestrian was wearing at the time of the accident. Do not wash them. They may contain evidence useful for accident reconstruction.
3. Gather Important Documents
Begin collecting all relevant paperwork. This will help your attorney evaluate your case and build your claim.
- The Official Police Report: Obtain a copy as soon as it is available. It contains the officer’s initial findings, diagrams, and witness information.
- Medical Records and Bills: Gather all paperwork related to medical treatment received before death.
- Death Certificate: This document will be needed to formally establish the cause of death.
- Financial Records: Collect documents related to the deceased’s income, such as pay stubs, tax returns, and employment contracts. This will be essential for calculating lost earnings.
4. Stay Off Social Media
Insurance companies regularly monitor the social media accounts of claimants and their families. Avoid posting details about the accident, your emotional state, or your family’s activities. A post that seems innocent could be taken out of context and used to argue that your grief and suffering are not as severe as you claim. It is best to refrain from posting about the case altogether.
5. Consult with an Arizona Wrongful Death Attorney
The most important step you can take is to speak with a qualified attorney who specializes in wrongful death and pedestrian accident cases in Arizona. They can provide guidance tailored to your specific situation, handle the legal complexities, and advocate on your family’s behalf. Most reputable attorneys offer a free initial consultation, so you can learn about your rights and options without any financial commitment.
Know your rights after a fatal pedestrian accident, contact Life Justice Law Group today.
Conclusion
Losing a family member in a pedestrian accident is a devastating experience that brings both emotional pain and unexpected financial burdens. Arizona’s laws provide a clear path for holding negligent drivers accountable and securing the resources your family needs to move forward. The right to file a wrongful death claim allows you to seek compensation for everything from funeral expenses and lost future income to the profound loss of your loved one’s companionship and support.
Understanding the key legal principles, such as the two-year statute of limitations and the pure comparative negligence rule, is fundamental to protecting your rights. Remember that even if your loved one is assigned partial fault, your family is not barred from recovery. The actions you take in the days and weeks following the incident, from preserving evidence to carefully managing communications with insurance companies, can significantly impact the outcome of your case.
The legal process can seem daunting, but you do not have to face it alone. Securing experienced legal guidance is a critical step in protecting your family’s future. An attorney who understands the specifics of Arizona pedestrian fatality cases can manage the investigation, negotiate with insurers, and build a powerful case on your behalf. This allows you to focus on what matters most: honoring the memory of your loved one and supporting your family through a difficult time. Taking action promptly ensures that your opportunity for justice is preserved. Contact us for free evaluation today, and let us fight for the justice your family deserves.