Direct Answer for Families in Phoenix
When a pedestrian is killed by a negligent driver in Phoenix, Arizona, the law gives certain surviving family members the right to file a wrongful death claim. Only specific individuals can bring this type of case, including a surviving spouse, children, or the deceased person’s estate representative.
Arizona’s wrongful death statute is found in A.R.S. Section 12-611. Families have two years from the date of death to file. Compensation can include funeral costs, lost financial support, and the emotional loss of the relationship. A Phoenix wrongful death attorney can help families understand what their specific case may be worth.
Who Are GLG Personal Injury Lawyers?
GLG Personal Injury Lawyers is a Phoenix-based personal injury firm serving injured Arizonans and their families throughout Maricopa County. Our attorneys handle wrongful death cases involving pedestrians struck and killed by negligent drivers across Phoenix, Mesa, Tempe, Scottsdale, Glendale, and surrounding communities. We represent families on a contingency fee basis, meaning there is no cost unless we recover compensation on their behalf.
Arizona Wrongful Death Law: What Families Need to Know
Who Has the Legal Right to File
Arizona’s wrongful death statute does not give every family member the automatic right to sue. The law defines a specific order of priority for who may bring the claim.
The surviving spouse has the primary right to file. If there is no surviving spouse, the children may file. If the deceased had no spouse or children, parents or the personal representative of the estate may pursue the claim.
Only one wrongful death action may be filed per death. All eligible beneficiaries are represented within that single case.
The Two-Year Deadline Is Strict
Families have exactly two years from the date of the pedestrian’s death to file a wrongful death lawsuit in Arizona. This deadline applies in most civil cases involving private parties.
If the vehicle that caused the death was operated by a government employee or municipality, the timeline is shorter. Families may have as little as 180 days to file a formal notice of claim before pursuing litigation. Missing either deadline eliminates the right to compensation.
What Makes a Driver Legally Liable
A wrongful death claim requires proving that the driver’s negligence caused the fatal crash. Negligence in pedestrian fatality cases typically involves one or more of the following:
- Speeding on a Phoenix arterial road where pedestrians are present
- Running a red light or failing to stop at a marked crosswalk
- Driving while impaired by alcohol or drugs
- Distracted driving, such as texting behind the wheel
- Failing to yield during a turn at a signalized intersection
Arizona also allows wrongful death claims when a defective vehicle component or a dangerous road design contributed to the fatality. Multiple parties can share liability in a single case.
What Damages Are Available in a Pedestrian Wrongful Death Case
Arizona wrongful death law separates recoverable damages into two categories: economic and non-economic losses.
Economic damages are tied to measurable financial harm. They include funeral and burial expenses, the cost of any medical treatment the victim received before death, and the income and financial support the deceased would have provided over their lifetime.
Non-economic damages address the relational and emotional losses the family suffers. Under Arizona law, surviving family members may seek compensation for the loss of love, companionship, affection, and moral support. Parents of a deceased child may also recover for the loss of guidance and consortium. These damages are not capped in Arizona wrongful death cases.
When the At-Fault Driver Is Uninsured
Phoenix has a meaningful number of uninsured drivers on its roads. If the driver who killed your family member carried no insurance or insufficient coverage, recovery options do not disappear.
The deceased person’s own auto insurance policy may include uninsured motorist coverage that extends to pedestrian fatalities. The vehicle owner, an employer if the driver was working at the time, or even a third-party entity responsible for road conditions, may also bear liability. Our attorneys investigate all potential sources of recovery before any claim is resolved.
How a Wrongful Death Case Differs From a Criminal Case
Many families are surprised to learn that a driver can face both criminal prosecution and a civil wrongful death lawsuit following a fatal pedestrian crash. These are separate legal proceedings with different standards.
A criminal case is prosecuted by the state. The burden of proof is beyond a reasonable doubt. A civil wrongful death claim is brought by the family and requires only a preponderance of the evidence, meaning it is more likely than not that the driver’s negligence caused the death.
A driver who is acquitted in criminal court can still be found liable in a civil case. The outcomes are legally independent of one another.
The Evidence That Shapes a Wrongful Death Claim in Phoenix
What Our Attorneys Gather
Strong wrongful death cases are built on physical evidence, not assumptions. Our team moves quickly to collect and preserve documentation before it is lost or destroyed.
We obtain the official crash report filed by the Phoenix Police or the Arizona Department of Public Safety. We seek traffic camera footage, dashcam recordings, and video from businesses near the scene. We document the road conditions, lighting, signage, and crosswalk markings at the location of the fatal crash.
We also retain expert witnesses when necessary. Crash reconstruction specialists can calculate vehicle speed and point of impact. Medical experts can establish the cause of death and the nature of any suffering the victim experienced before dying.
Why the Location of the Crash Matters
Phoenix has specific corridors with documented histories of pedestrian fatalities. These include stretches of Van Buren Street, McDowell Road, and Baseline Road near South Mountain. When a fatal crash occurs at a location with prior incidents, that history can support a claim that the road itself presented a foreseeable danger. In those situations, a government entity may share responsibility alongside the at-fault driver.
Talk to Our Team About Your Family’s Case
Losing a family member to a negligent driver is devastating. Navigating a legal claim while grieving is an enormous burden. Our attorneys at GLG Personal Injury Lawyers are here to carry that legal work so families can focus on what matters most.
If you need a Phoenix pedestrian accident lawyer after a fatal crash, we encourage you to reach out as soon as possible. The sooner an investigation begins, the stronger the evidence foundation for your claim. You can also speak with a pedestrian accident attorney in Phoenix, AZ, at no cost through our free initial consultation.
Frequently Asked Questions
Can I Sue the Driver Who Killed My Family Member in Phoenix Even If They Were Charged Criminally?
Yes. A civil wrongful death lawsuit is entirely separate from any criminal prosecution. The family files the civil claim to seek financial compensation. The state handles criminal charges to pursue punishment. You do not need to wait for the criminal case to conclude before filing your civil claim, and the outcome of one case does not determine the outcome of the other.
What If My Loved One Was Partially at Fault for the Crash?
Arizona uses a pure comparative fault system. If your family member shared some responsibility for the accident, their percentage of fault reduces the total damages the family can recover. However, partial fault does not eliminate the right to file a wrongful death claim. Even if the pedestrian was found 40 percent at fault, the family may still recover 60 percent of the total damages awarded.
How Is Lost Income Calculated in a Phoenix Wrongful Death Case?
Attorneys and economic experts consider the deceased’s age, occupation, earnings history, expected career trajectory, and years remaining in the workforce. Benefits such as employer-sponsored health insurance and retirement contributions are also factored in. For a spouse, the household services the deceased provided may be calculated as an additional economic loss. This analysis requires documentation, including tax returns, pay stubs, and employment records.
What Happens to the Wrongful Death Settlement If There Are Multiple Surviving Children?
When multiple beneficiaries are involved, the court or the parties must determine how any settlement or judgment is allocated among them. In some cases, the family agrees on a distribution. In contested situations, a judge may decide. Arizona law requires that all beneficiaries within the same priority class are accounted for in a single wrongful death action, so no individual family member can pursue a separate case for the same death.
How Long Does a Wrongful Death Case Take to Resolve in Arizona?
The timeline varies based on the complexity of the crash, the number of parties involved, and whether the case settles or goes to trial. Cases involving clear liability and cooperative insurance carriers may be resolved within one year. Cases involving disputed fault, government entities, or catastrophic damages can take two years or longer. Our attorneys provide honest timelines based on the specific facts of each case.
