How Is Fault Determined in a Car Accident in Arizona?

Fault for an Arizona car accident is determined by reviewing evidence, such as eyewitness statements, the crash report, and documentation of the accident scene. Using this evidence, insurance companies, the courts, and car accident lawyers can establish who is responsible for causing the collision and liable for any damages.

However, the process of determining fault is not always straightforward. While you can still recover compensation if you were partially responsible for causing a car accident, the other driver’s insurance company may try to shift blame to you to avoid paying a larger settlement. An experienced Arizona car accident lawyer will fight for the full compensation you deserve by investigating the crash and proving the other driver caused your injuries.

Is Arizona a Fault State?

Arizona is a fault-based state for car accidents. This means that if another driver causes a collision and injures you, you have the right to file a claim against their insurance coverage seeking compensation for your medical bills, lost wages, and other resulting losses. However, the insurance company will use tactics to avoid a large payout and protect its own bottom line. You need a skilled car accident lawyer who will review the evidence to determine the cause of the crash, identify all liable parties, and pursue a settlement that fully compensates you for your losses.

How Do I Establish Fault in an Arizona Car Accident Case?

Establishing fault in a car accident case comes down to a thorough review of the available evidence. Your car accident attorney may gather and evaluate several types of evidence, including:

• The police report
• Your account of the accident
• The accounts of any passengers in your vehicle
• Statements from the other parties involved
• Statements from any eyewitnesses who saw the accident or the actions preceding it
• Testimony from accident reconstruction specialists
• Photographs and videos from the accident scene
• Footage from surveillance, dashboard, and traffic cameras
• Computer data from the vehicles
• Medical records
• Vehicle repair and maintenance records

What Is the Comparative Fault Rule?

The amount of compensation you may be able to recover after a car accident in Arizona depends on your degree of fault. The court will review the facts, assign a percentage of fault to each party involved, and award compensation based on each party’s respective degree of fault.

Arizona follows a comparative fault doctrine that enables you to recover compensation through a personal injury claim even if you bear some responsibility for causing the accident that injured you. However, to account for this fault, the court will reduce any compensation it awards according to your percentage of blame.

Here’s how it works in practice. Suppose the court finds you suffered $50,000 in losses as a result of the crash but that you were also 10 percent responsible for causing it. In this case, they would reduce your compensation by 10 percent, or $5,000, leaving you with an award of $45,000.

Having an attorney in your corner can be critical in countering attempts by the insurance company to saddle you with a greater percentage of the blame and reduce the amount of your settlement award.

How Can I Recover Damages After a Car Crash?

There are several steps you can take to pursue compensation following a car accident:

• Seek medical treatment – Get treated for your injuries right away, no matter how minor they may seem. Having a record of prompt treatment and following your doctor’s treatment plan precisely can help your physical recovery and strengthen your claim. It demonstrates the relationship between the accident and your injuries, the severity of your injuries, and the necessity of treatment.
• Report the accident to your insurer – Report the accident to your insurance company, but avoid giving any recorded statements or going into more detail than is absolutely necessary to establish the basic facts of the accident. Refer them to your lawyer for further communications.
• Contact a car accident attorney – Retain an experienced and knowledgeable Arizona car accident lawyer as soon as possible following the crash. Your attorney can gather evidence, determine liability, handle communications with insurers and other third parties, and protect your rights throughout the process.

How Can an Arizona Car Accident Lawyer Help Me with My Case?

Contacting an Arizona car accident attorney offers a number of benefits as you go through the process of seeking compensation for your injuries and expenses. For starters, they will manage every aspect of your claim. This will give you the time and space you need to focus on healing and ensure your legal situation is in capable hands. Your attorney will understand Arizona law and be able to use their experience handling similar cases to build a solid claim for you. They’ll negotiate with the insurance company, who will likely fight against compensating you to the extent you deserve. If they don’t offer a fair settlement, your lawyer will file a lawsuit and take your case to court to fight for the compensation you’re owed.

Is There a Time Limit for Filing a Car Accident Lawsuit in Arizona?

One important reason to contact a car accident attorney as soon as possible after a collision is because Arizona law limits the amount of time you have to file a lawsuit seeking compensation from the at-fault driver. In Arizona, you have two years from the accident date to sue the other driver and any other responsible parties. Failure to file on time will likely result in the dismissal of your claim and prevent you from recovering the compensation you need.

By contacting an attorney soon after a crash, you protect your right to seek compensation and hold the other driver accountable. It also preserves your leverage with the insurance company – if you don’t file a lawsuit within the required two-year period, they’ll have little incentive to offer a fair settlement.

Contact an Arizona Car Accident Lawyer

If you suffered injuries in a car accident in Arizona, let the experienced team at Mushkatel, Gobbato, & Kile, P.L.L.C. fight for the compensation, justice, and accountability you deserve. We’ll manage your claim from start to finish and aren’t afraid to stand up for your rights in court if that’s what it takes to demand a just outcome. Contact us today for a consultation to discuss your situation and learn more about what we’ll do to help you move forward after a car crash.

Visit Our Arizona Car Accident Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…