How Is Fault Determined After a Car Accident in Arizona?

Here at Wood Injury Law, PLLC, we’re the car accident lawyers you’ll swear by. Not at. Have you been in a car accident in the state of Arizona? If so, then you’re probably curious about your rights and the specific laws regarding fault in Arizona car accidents.

As a former insurance defense attorney, our founder Josh Wood has the skill, experience, and perspective necessary to handle any car accident case, no matter how simple or complex. When you choose our firm, you can feel confident that you’re working with professionals. Schedule a call at 623-232-9355 to reach our Mesa, AZ office and set up your free consultation.

A Car Accident Lawyer Provides Professional Help in Your Car Crash Injury Case

Most of the laws regarding car accidents in Arizona include the concept of negligence. If another driver’s negligence was the leading cause of your car accident, you could seek financial compensation for your injuries and other losses. If you choose to seek compensation, you’ll need to hire professional lawyers for car accident cases to help you file the lawsuit.

Arizona Car Accident Law

The statute of limitations is an important factor of Arizona car accident law. You only have two years after your accident to file your claim in the civil court system. Arizona also has a “pure comparative fault” rule.

The rule states that even if you were partly or mostly responsible for a traffic accident, you’re still allowed to seek financial compensation from the other party. However, the percentage of fault you have for the accident will directly impact the monetary compensation you receive.

Do You Need Lawyers for Car Accident Cases?

Many Arizona residents falsely believe that filing a car insurance claim is simple and that they don’t need a car accident lawyer. We strongly advise against that path. Remember the comparative fault rule we just discussed?

Under that law, even if a driver rear-ended you or ran a red light, you could still end up being partially at fault. Insurance companies are notorious for digging and digging until they can find one little thing you did wrong. That way, they can argue for diminishing the level of fault or responsibility of their insured driver.

What Type of Evidence Is Used to Determine Fault?

The police report from the accident is one critical factor that the insurance company or judge will use to determine which driver is at fault and their level of responsibility in the crash. Evidence gathered from the crash site will also factor in determining fault. Common evidence types include:

  • Injuries sustained by either party
  • Eyewitness accounts
  • Photographs/video
  • Traffic patterns
  • Weather
  • Mitigating circumstances
  • Vehicle damage
  • Level of negligence
  • Time of day

If the injured party doesn’t agree with the amount the insurance company adjuster determines, then they can take their case to court. In that scenario, a judge or jury would determine the level of fault between both parties. If you do decide to go to court, you’ll have to hire a lawyer for car accidents to fight on your behalf and handle your case as it moves through the court system.

What Elements Do You Need to Prove Fault in an Arizona Car Accident Case?

Determining fault in an auto crash isn’t simple. First, you’ll need evidence, and second, your car accident attorney needs to establish four elements:

Duty of Care

The first element you’ll need to prove is that the other driver in the accident owed you a duty of care at the time of the crash. This element is relatively straightforward to prove. Every driver on the road owes their fellow drivers a duty of care to follow the rules of the road and drive safely.

Breach of Duty

Now, you’ll need to establish that the other driver was negligent in his duty of care toward you. Common examples of breach of duty would include speeding, texting and driving, and driving under the influence.

Direct Causation

Once you’ve established that the other driver was negligent or breached their duty of care, you’ll need to prove that the breach was the direct cause of the accident and your injuries. While this may be a more challenging element to prove, your car accident lawyer will help you gather the necessary evidence to bolster your case.

Damages

The last element is proving that your injuries and suffering were a direct result of the car accident. For example, you could seek lost wages, property damage, medical bills, or other types of damages you feel you’ve suffered due to the crash.

Final Thoughts on Lawyers for Car Accident Cases

Dealing with the aftermath of a car accident is difficult enough without the help of a car accident lawyer. Here at Wood Injury Law, we’re proud to offer our quality representation and contingency planning to our friends and neighbors in Arizona who need help with a car accident injury case. Call us today at (623) 232-9355 or complete our online form to schedule your free consultation.

 

Copyright© 2021. Wood Injury Law. All Rights Reserved.

 

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No statement in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other relevant licensing jurisdiction.

Wood Injury Law
1845 S Dobson Rd Suite 117
Mesa, AZ 85202
(623) 232-9355
www.woodinjurylaw.com

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