Goodyear, AZ: Family Seeks Justice After Fatal Walmart Parking Lot Accident Near I-10
The heartbreaking loss of a loved one is an experience no family should endure. When that loss occurs due to the negligence of another, the pursuit of justice becomes paramount. In Goodyear, Arizona, a family is grappling with such a tragedy after a fatal accident in a Walmart parking lot near I-10. This incident highlights the often-overlooked dangers present in everyday locations and the legal avenues available to those seeking accountability.
A Tragic Accident in Goodyear
On October 23, 2025, a 41-year-old woman, Michelle Perez, was tragically killed in a Goodyear Walmart parking lot, located near Estrella Parkway and Interstate 10. The incident occurred around 1:00 p.m. when an SUV backed into Ms. Perez as she exited the store. She was holding her three-year-old child, who sustained non-life-threatening injuries and was taken to a nearby hospital. The 51-year-old driver remained at the scene and cooperated with the police. While impairment was not suspected, the investigation is ongoing, leaving the family and the community searching for answers and justice.
Understanding Wrongful Death Claims in Arizona
In Arizona, when a person dies due to the wrongful act, neglect, or default of another, a wrongful death claim can be filed. Arizona Revised Statutes 12-611 defines a “wrongful death” as one that occurs when someone dies because of another person’s actions, negligence, or failure to act responsibly. This means that if the deceased could have filed a personal injury lawsuit had they lived, their family or estate has the right to file a wrongful death claim instead.
Who Can File a Wrongful Death Lawsuit?
According to Arizona law, the following individuals are permitted to file a wrongful death lawsuit:
- The deceased person’s surviving spouse
- Any surviving child of the deceased person
- A surviving parent or guardian of the deceased person
- The deceased person’s personal representative (executor) on behalf of the surviving spouse, child, or parent, or on behalf of the estate if none of those people survived the deceased.
Damages Recoverable in a Wrongful Death Claim
A wrongful death claim seeks to compensate the surviving family members for the losses they have suffered as a result of the death. These damages can include:
- Medical expenses incurred by the deceased before death
- Funeral and burial costs
- Lost income that the deceased would have earned
- Loss of consortium (companionship, affection, and support) for the surviving spouse and children
- Pain and suffering experienced by the family members
Unlike some states, Arizona does not cap the amount of compensation a family can receive in a wrongful death case. This means that juries can award damages based on the actual losses suffered without a predefined maximum.
Statute of Limitations
It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In Arizona, the statute of limitations for wrongful death claims is two years from the date of death. Failing to file a lawsuit within this timeframe typically results in the court dismissing the case, preventing the family from recovering compensation.
Important Exception: If the claim involves a government entity, a notice of claim must be filed within 180 days of the incident.
Negligence and Liability in Parking Lot Accidents
Parking lots, often perceived as safe zones, can be the site of serious accidents. Several factors can contribute to these incidents, including:
- Driver negligence: This can include distracted driving, speeding, failure to yield, and disregard for traffic signs and signals.
- Poor visibility: Obstructions, inadequate lighting, and inclement weather can reduce visibility and increase the risk of accidents.
- Inadequate design: Poorly designed parking lots with confusing layouts, insufficient signage, and inadequate pedestrian walkways can contribute to accidents.
In the case of Ms. Perez, the investigation is ongoing to determine the exact cause of the accident. However, if the driver of the SUV is found to have been negligent, they may be held liable for the wrongful death of Ms. Perez.
Seeking Justice and Accountability
For the family of Michelle Perez, the pursuit of justice is not just about financial compensation; it’s about holding the responsible party accountable and preventing similar tragedies from happening in the future. Filing a wrongful death claim can provide the family with the financial resources they need to cope with the loss, including covering funeral expenses, medical bills, and lost income. More importantly, it sends a message that negligent behavior will not be tolerated and that those who cause harm will be held responsible.
The Role of a Personal Injury Attorney
Navigating the legal complexities of a wrongful death claim can be overwhelming, especially during a time of grief. An experienced Goodyear personal injury attorney can provide invaluable assistance to the family by:
- Investigating the accident to determine the cause and identify all liable parties
- Gathering evidence to support the claim, including police reports, witness statements, and medical records
- Negotiating with insurance companies to reach a fair settlement
- Filing a lawsuit and representing the family in court if a settlement cannot be reached
By entrusting their case to a skilled attorney, the family can focus on healing and rebuilding their lives while knowing that their legal rights are being protected.
Safety Considerations in Parking Lots
This tragic accident serves as a stark reminder of the need for increased safety awareness in parking lots. Drivers should exercise caution, be aware of their surroundings, and follow all traffic laws. Parking lot owners and managers should ensure that their properties are well-lit, properly designed, and adequately maintained to minimize the risk of accidents.
Moving Forward
The family of Michelle Perez is now faced with the difficult task of moving forward without their loved one. While no amount of money can ever replace the loss they have suffered, seeking justice through a wrongful death claim can provide them with a sense of closure and financial security. It can also help to ensure that those responsible are held accountable for their actions, preventing similar tragedies from occurring in the future.
If you or a loved one has been injured in a parking lot accident or other personal injury incident, it is essential to seek legal advice from an experienced attorney. A knowledgeable attorney can help you understand your rights and options and guide you through the process of seeking justice and compensation.