A hit-and-run accident can leave victims feeling shocked, vulnerable, and overwhelmed—especially in Arizona, where these incidents are all too common. Knowing your rights and understanding the steps to take afterward can make a critical difference in securing justice and protecting your future. In this article, we’ll guide you through everything you need to know about hit-and-run accidents in Arizona, from legal options to practical advice, so you’re prepared if the unthinkable happens.
What Is Considered A Hit And Run In Arizona?
In Arizona, a hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to exchange information or provide aid to anyone who may be injured. Legally, drivers are required to stop immediately after an accident, check on others involved, and contact authorities if there are injuries or significant property damage. Failing to do so is a serious offense that can lead to criminal charges, fines, and potential imprisonment.
For victims, this sudden departure complicates matters, but it doesn’t strip away your right to seek compensation. Arizona law allows victims to pursue claims for medical expenses, lost wages, and other damages, even if the responsible driver isn’t immediately identified. Gathering details quickly can strengthen your claim, as different types of hit-and-run accidents come with their own legal considerations.
Arizona Hit-and-Run Statistics and Causes
In 2023, Arizona experienced a total of 122,247 motor vehicle crashes, with 15 648 of hit-and-run incidents comprising 12.8% of these cases, according to Arizona Motor Vehicle Crash Facts 2023 by ADOT. These hit-and-run events resulted in 113 fatalities and 3,856 injuries, accounting for 8.6% of all traffic-related deaths and 7.1% of injuries statewide. Notably, the majority of hit-and-run incidents—12,556 cases—were property damage only, representing 15% of all such crashes. While non-hit-and-run crashes were more prevalent, the significant number of injuries and fatalities from hit-and-run incidents.
Many hit and run crashes happen because:
- The driver doesn’t have car insurance
- The driver is intoxicated or under the influence of drugs
- Driving with a suspended license
- Having an outstanding warrant for the driver’s arrest
- The car is stolen
Types of Hit-and-Run Accidents
Hit-and-run accidents can take various forms, each with distinct legal implications and avenues for seeking compensation. The main hit-and-run accident types, along with considerations for victims, are the following:
- Pedestrian Hit-and-Run
When a driver strikes a pedestrian and leaves the scene, Arizona law treats this as a serious crime due to the potential for severe injury or fatality. Victims in these cases are often eligible for significant compensation. If the driver is found, they may face criminal charges alongside civil claims. Victims may file uninsured motorist claims through their own insurance, if they have the coverage, in a situation where the driver is not identified. Quick reporting and gathering of witness information are critical in these cases.
2. Vehicle-to-Vehicle Hit-and-Run
A hit-and-run between two vehicles can range from minor fender benders to serious crashes. Law enforces strict penalties, especially when injury or major damage is involved. When the responsible driver cannot be located, victims can often seek compensation through uninsured motorist coverage, if it is included in their policy.
3. Hit-and-Run with a Parked Car
Accidents involving parked cars are one of the most common forms of hit-and-runs. Drivers may leave the scene after damaging an unattended vehicle, often assuming they can avoid consequences if no one witnessed the accident. Arizona law requires drivers to locate and notify the operator/owner of the vehicle of the name and address of the driver and owner of the vehicle that hit the car or leave a note with the contact information of the driver and owner of the vehicle that hit the car. Victims should report the incident to the police and document any damage. If the hit and run occurred near a residence or business, ask for security footage as it may capture identifying information. Insurance may cover repairs, depending on the type of coverage purchased.
4. Property Damage Hit-and-Run
In property-only hit-and-runs, a driver may damage property other than a vehicle, such as a fence, mailbox, or building, and leave without notifying the owner. While this may appear less severe, drivers have to take responsibility by attempting to contact the property owner or leaving their information.
Each hit-and-run type carries unique legal implications, influencing whether it’s classified as a misdemeanor or felony in Arizona. Let’s look at how these offenses are defined.
Is a Hit-and-Run a Felony or Misdemeanor in Arizona, and What Are the Penalties?
In Arizona, hit-and-run offenses are classified based on accident severity and whether injuries or fatalities occurred.
- Misdemeanor Hit-and-Run:
Leaving the scene when only property damage occurs, such as hitting a parked car, is usually a misdemeanor. Arizona statutes require drivers to stop, provide contact details, and report if the owner isn’t present. Failure to do so leads to fines, community service, and sometimes jail time, emphasizing driver responsibility.
• Felony Hit-and-Run:
Hit-and-runs involving injury or death are treated as felonies according to law:
◦ Minor Injuries (Class 5 Felony): This can result in prison time, fines, and probation.
◦ Serious Injury or Death (Class 2 Felony): This most serious charge can bring 5 years in prison for an accident resulting in serious physical injury and 10 years in prison for an accident resulting in death, substantial fines, and temporary or permanent loss of driving privileges.
These penalties show just how seriously Arizona hit-and-run laws treat such offenses, reinforcing victims’ rights to justice and compensation. If you’re involved in a hit-and-run, knowing the right steps can help protect your interests and boost your chances of securing compensation.
Is a Hit-and-Run a Felony or Misdemeanor in Arizona? Laws and Penalties
In Arizona, hit-and-run offenses are classified based on accident severity and whether injuries or fatalities occurred. These classifications are outlined in Arizona Revised Statutes (ARS), with penalties ranging from fines and probation to years of imprisonment.
Misdemeanor Hit-and-Run:
Leaving the scene when only property damage occurs, such as hitting a parked car, is usually classified as a misdemeanor under ARS 28-662, ARS 28-664, and ARS 28-665. Drivers must stop, exchange information, or leave a written note if the owner is absent. Failure to do so results in penalties including fines, community service, probation, and jail time:
- Class 2 Misdemeanor (Vehicle Damage): Up to 4 months in jail, 2 years probation, and a $750 fine.
- Class 3 Misdemeanor (Non-Vehicle Property Damage): Up to 30 days in jail, 1 year probation, and a $500 fine.
Felony Hit-and-Run:
When a hit-and-run accident results in injury or death, it is classified as a felony under ARS 28-661 and ARS 28-663:
- Class 5 Felony (Non-Serious Injury): Up to 2.5 years in prison and loss of license for 3 years.
- Class 3 Felony (Severe Injury or Death): Up to 8.75 years in prison and loss of license for 5 years.
- Class 2 Felony (Severe Injury or Death as the At-Fault Driver): Up to 12.5 years in prison and loss of license for 10 years.
These penalties highlight Arizona’s strict stance on hit-and-run offenses, reinforcing victims’ rights to justice and compensation. Prompt reporting and legal assistance can help protect your rights and ensure the best possible outcome if you’re involved in a hit-and-run.
What Happens in a Hit-and-Run Case?
In a hit-and-run case, immediate action can make a significant difference in pursuing justice and securing compensation. Here’s what to do if someone hits you or your car and drives away:
- Police Investigation
Once you report a hit-and-run accident, law enforcement begins an investigation to identify the driver who fled. Police may rely on witness statements, security footage, and any physical evidence left at the scene, such as debris or tire marks. Reporting the incident as soon as possible is essential, as early documentation can strengthen the investigation and your claim.
2. Your Role in Gathering Evidence
While your immediate focus should be on seeking any medical care you may need, any details you remember about the fleeing vehicle—such as color, make model, or part of the license plate—can aid the investigation. Gathering contact information from witnesses or photos of the accident scene can also prove valuable. Speaking to neighboring property owners or businesses regarding any potential video footage can also be extremely helpful in a hit-and-run.
3. Compensation Through Insurance
You may have the right to seek compensation, even if the responsible driver is not found. In these cases, uninsured motorist coverage from your own insurance policy can step in to cover medical bills, lost wages, and other damages.
4. Civil Claims if the Driver is Identified
If the hit-and-run driver is located, they may face criminal penalties, and you can pursue a civil claim against them. This allows you to seek compensation for medical expenses, pain and suffering, lost wages, property damage, etc. An attorney can assist in filing a personal injury lawsuit to hold the driver accountable and help you recover financially from the incident.
5. Consulting with an Attorney
Navigating a hit-and-run case can be complex, especially when insurance companies or legal claims are involved. An attorney can guide you through dealing with insurers, gathering evidence, and pursuing civil claims.
In a hit-and-run case, your prompt actions and attention to detail can significantly impact the success of both criminal investigations and your compensation claims.
Compensation in a Hit-and-Run Accident Case
In a hit-and-run accident, Arizona law provides victims with options for securing compensation, even if the at-fault driver isn’t identified. The non-at-fault party may seek the following types of compensation for damages, typically covered by these insurance policies:
- Medical Expenses
Medical costs, covering emergency care, surgeries, rehabilitation, and any long-term treatment, are often substantial after an accident. The following types of coverage, if purchased, can help with these costs, providing immediate support and ongoing coverage as needed: Uninsured Motorist (UM) coverage, Personal Injury Protection (PIP), or Medical Payments (MedPay) can help with these costs, providing immediate support and ongoing coverage as needed.
2. Lost Wages and Future Earnings
Injuries can disrupt your ability to work, making lost wages an essential part of compensation. UM coverage can address income lost during recovery, and PIP may cover additional wage-related expenses, if these coverages are included in your policy.
3. Pain and Suffering
Hit-and-run accidents often result in physical and emotional distress and compensation for pain and suffering reflects this impact. If purchased, UM coverage can offer non-economic damages to address physical pain, mental anguish, and diminished quality of life. Some policies also include specific hit-and-run riders for additional non-economic damages.
4. Property Damage
Damage to your vehicle or other property is covered under collision coverage, which pays for repairs or replacement costs regardless of fault. You may need to pay a deductible, but collision coverage can expedite the vehicle repair process, even when the at-fault driver is unknown.
5. Additional Hit-and-Run Specific Riders
Certain insurers provide special riders that enhance hit-and-run coverage. These provisions may increase coverage limits for specific damages like pain and suffering or expand available compensation options tailored to the unique challenges of hit-and-run cases.
UM coverage is essential for hit-and-run cases when the at fault driver is not found or is not insured. It can cover medical expenses, lost wages, and pain and suffering, etc. Promptly notifying your insurer and consulting a car accident attorney can ensure maximum compensation for all damages.
The Role of Legal Help in a Hit-and-Run Accident
A car accident lawyer is essential in hit-and-run cases, whether you’re the victim or the driver who left the scene, helping protect your rights, manage liabilities, and pursue fair outcomes.
When Not at Fault:
For hit-and-run victims, a personal injury lawyer can help secure compensation, even if the driver is unidentified, by gathering evidence, working with law enforcement, and navigating insurance claims. They negotiate with insurers to maximize benefits and can pursue claims if the driver is later found or if there is uninsured motorist coverage available.
When at Fault:
If you leave the scene, consulting a lawyer promptly can reduce legal consequences. They advise on handling criminal charges, aim to minimize penalties and manage civil claims, guiding you through legal and financial obligations.
At Esquire Law, our Arizona hit-and-run car accident lawyers are here to help hit and run victims navigate the complexities of hit-and-run cases. Our team will guide you through each step of the process, from collecting crucial evidence and coordinating with law enforcement, to building a strong case. We handle all communications with insurance companies, making claims on your behalf and negotiating for the maximum compensation you deserve.
Hit-and-run accidents can be particularly challenging for victims, as the responsible party may initially be unknown, leaving victims with concerns about covering medical expenses and repair costs. In these cases, prompt action is crucial—gathering evidence at the scene, such as photos, witness statements, and police reports, can greatly strengthen a claim. Timely reporting, asking for legal help, and documentation are essential steps that can help ensure access to compensation, making it easier to manage the financial and emotional impact of the incident.