Car accidents are stressful enough without the added complication of the other driver fleeing the scene. If you’re the victim of a hit-and-run in Phoenix, you may be wondering what to do next and how Arizona’s hit-and-run legal consequences might hold the driver accountable. Arizona takes hit-and-run offenses seriously.
Drivers who leave without providing their information—or worse, without checking on someone who’s hurt—can face severe legal consequences. Let’s break down what Arizona’s hit-and-run laws say about these crashes and how they can impact criminal and civil cases.
What Arizona Law Says About Hit and Run
Under Arizona Revised Statute § 28-661, any driver involved in a crash that results in injury or death must stop at the scene, provide contact and insurance information, and offer reasonable aid to anyone who’s been hurt.
Failure to do so can lead to a felony offense, especially if the crash involved:
- Bodily injury or death
- A driver under the influence
- A failure to call for help when someone is visibly injured
If the accident only causes property damage, drivers are still legally required to stop and exchange information under A.R.S. § 28-662. Leaving the scene in that case is considered a misdemeanor offense.
Regardless of the extent of the crash, Arizona law is clear. All drivers must stop, remain at the scene, and cooperate with the authorities.
Criminal Consequences of Hit and Run in Arizona
In Arizona, the punishment for leaving the scene of a crash depends on how severe the accident is:
- Misdemeanor Hit and Run: If a driver leaves the scene after a crash that only causes property damage, such as a car or fence, they could face up to 30 days in jail and be required to pay fines.
- Felony Hit and Run: Fleeing the scene after causing bodily injury or death is a serious offense in Arizona that can result in a Class 2 or Class 3 felony, depending on the circumstances. Potential consequences include up to 12.5 years in prison, a mandatory license suspension, probation or parole following incarceration, and a permanent criminal record.
If the driver fails to stop knowing someone was seriously injured or killed, they face the harshest penalties under A.R.S. § 28-661(A)(2).
Sometimes, an arrest warrant may be issued even days or weeks after the crash, once police identify the suspect through traffic cams, witness accounts, or vehicle damage.
DUI and Hit and Run Enhancements
A hit and run becomes even more serious when the fleeing driver was under the influence of alcohol or drugs. A DUI hit and run carries additional consequences because the driver has violated multiple laws at once.
A person caught driving impaired and then fleeing the scene may face:
- Separate criminal charges for DUI
- More jail or prison time
- Increased fines
- Longer license suspension periods
- Mandatory ignition interlock device installation
These cases often result in enhanced felony charges, especially if someone was hurt or killed. Prosecutors don’t go easy on impaired drivers who leave injured people behind.
Civil Liability After a Hit and Run
Criminal charges aren’t the only problem a hit-and-run driver can face—they can also be sued in civil court. This means the victim can take legal action to recover compensation for expenses such as medical bills, lost wages, car repairs, and pain and suffering resulting from the crash.
Even if the driver isn’t found guilty in criminal court, they can still be held responsible in civil court. That’s because civil cases have a lower standard of proof. In a criminal case, guilt must be proven beyond a reasonable doubt. But in a civil case, the victim only has to show that it’s more likely than not that the driver was at fault.
If the driver is found responsible in a civil case, the court may order them to pay compensation directly to the victim. The court may also award punitive damages in more serious cases—especially if the crash involved reckless or dangerous behavior. These are meant to punish the driver and send a message that this kind of behavior won’t be tolerated.
What If the Driver Is Never Found?
Unfortunately, not every hit-and-run driver is caught. When the suspect disappears, it can be devastating for victims—especially when they are facing high medical bills or severe injuries.
That’s where your insurance might step in. Arizona drivers can purchase uninsured motorist (UM) coverage, which often includes coverage for hit-and-run scenarios. If you have UM coverage, you may be able to recover compensation through your policy.
However, these claims aren’t always straightforward. Insurance companies may dispute liability, question your injuries, or offer low settlements. An attorney can protect your rights and counter unfair tactics.
Please read more about Catastrophic Injury here: What Is Considered a Catastrophic Injury in Arizona?
What to Do After a Hit and Run Crash
If you’re involved in a hit and run, take these steps immediately:
- Call 911 – Even if injuries seem minor, call law enforcement right away. A police report is critical to any future case.
- Get medical care – Some injuries may not be immediately apparent. Always get checked by a doctor.
- Gather evidence – Take photos, record witness statements, and write down any details you remember, such as the car’s make, color, or license plate.
- Report to your insurer – Notify your insurance company about the hit and run, especially if you plan to file a UM claim.
- Speak with a lawyer – An attorney can help track down the driver, pursue a civil claim, or deal with insurers on your behalf.
Taking swift, informed action after a hit and run can protect your health, strengthen your case, and improve your chances of holding the at-fault driver accountable.
Hit and Run Victims in Phoenix Deserve Answers
No one should deal with the consequences of a hit and run in Arizona alone. If you’ve been injured, you still have rights—whether the driver is found. You may be able to file a civil claim or seek help through your uninsured motorist coverage.
Our team at Triumph Law Group knows how overwhelming this situation can be. We’re here to guide you through every step of claiming the compensation you deserve. Call us at 602-595-5559 for a free consultation. We’re here to listen, help you, and explain your legal options.
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