(Phoenix, AZ) Michael McKelvey, 39, died after a car struck him near 59th Avenue and McDowell Road on, according to the Phoenix Police Department.
On November 2, just before 6 a.m., first responders were called to the collision in Phoenix’s Maryvale neighborhood. Officers found McKelvey seriously injured in the roadway, with the driver who struck him nearby. Police said he was crossing mid-block, outside a crosswalk, when the vehicle struck him.
Following the collision, McKelvey was transported to a hospital in critical condition. He died a short time later. The driver remained at the scene and cooperated with investigators, police said. Investigators did not believe impairment contributed to the collision. Detectives temporarily closed McDowell Road between 59th Avenue and 61st Avenue, and the roadway has since reopened.
Legal Guidance on the 59th Avenue Collision
McKelvey’s reported mid-block crossing brings two connected duties into focus: yielding to roadway traffic and taking reasonable care to avoid a pedestrian.
Arizona Revised Statutes 28-793 requires pedestrians crossing outside marked crosswalks or unmarked crosswalks at intersections to yield to vehicles on the roadway. Police’s described McKelvey crossing happened mid-block, which would imply outside a marked crosswalk.
Drivers have a continuing responsibility under Arizona Revised Statutes 28-794 to exercise due care to avoid striking pedestrians on any roadway. The statute also requires a horn warning when necessary. That duty concerns the driver’s response to a person in the road, including the opportunity to see them and react.
Together, these rules require consideration of both McKelvey’s entry into the roadway and the driver’s approach. A pedestrian’s duty to yield and a driver’s duty to avoid a collision must be assessed together when evaluating responsibility.
How the Family Can Move Forward
Request the Phoenix police incident number for the 59th Avenue collision using McKelvey’s full name. Ask for the investigator assigned to the case and the process for obtaining the collision report. That report can give your family a documented account of the vehicle’s approach and McKelvey’s crossing beyond the initial public update.
If you have any concerns about navigating the legal process surrounding this incident, call 866-883-4318 to speak with a lawyer.
