We all make mistakes – whether it’s speeding, texting, or being distracted by a GPS. If another driver hits you and you share partial responsibility, can you still claim compensation for injuries and vehicle damage?
The answer is yes, especially in Arizona, a comparative negligence state. You may be entitled to compensation even if you bear some fault. However, the amount you receive will be reduced proportionally to your percentage of blame.
What Is Comparative Negligence in Arizona?
In car accident claims, the at-fault driver or their insurance usually covers damages. Yet, Arizona’s status as a comparative negligence state introduces a unique twist. Here, both drivers could share blame using the ‘pure comparative fault’ rule.
In such cases, the jury evaluates each party’s fault percentage and the total dollar amount of the plaintiff’s damages. The plaintiff’s compensation is then adjusted according to their share of responsibility for the accident.
What does that look like in practice?
Let’s say a jury determines your damages (medical bills, lost income, pain and suffering, vehicle damage, etc.) to be $100,000, but you are 25% at fault for the accident because you were speeding. Your damages would be reduced by 25%, leaving you with $75,000 in damages.
How Is the Percentage of Fault Determined in Arizona Car Accidents?
In the aftermath of a car accident, determining fault percentages is a meticulous process involving scrutiny of diverse evidence—photographs, accident reports, and traffic data—by lawyers, insurance entities, and courts.
Avoid the pitfalls of self-assessment; leave the estimation of your fault percentage to a seasoned car accident attorney. They not only offer insights into the potential value of your damages but also provide a reliable approximation of your liability in the incident.
What Elements Do You Need to Prove Fault in Arizona Car Crashes?
Fault in Arizona car accidents is established through the examination of four crucial elements: duty of care, breach of duty, direct causation, and damages
Duty of Care
The first step to proving the other driver’s negligence is easy in a car accident because all drivers owe everybody on the road a duty of care to drive carefully and avoid accidents.
Breach of Duty
The next step to proving fault is showing that the other driver breached their duty of care by driving under the influence, texting, speeding, or otherwise driving recklessly or carelessly.
Direct Causation
After establishing the other driver’s behavior was negligent, you need to prove it was the direct cause of the accident and your injuries that resulted from the accident.
Damages
Finally, you must prove that the accident caused you damages such as medical bills, lost wages, or property damage.
What Type of Evidence Is Used to Determine Fault in Arizona Car Crashes?
The insurance company or judge utilizes a variety of evidence to ascertain the percentage of fault for each driver involved in the accident. This evidence encompasses:
- Police report
- Photos or videos
- Injuries sustained
- Vehicle damages
- Eyewitness accounts
- Traffic patterns
- Time of day
- Level of negligence
- Weather
- Mitigating circumstances
An experienced Arizona car accident attorney can help collect evidence that may show the other driver was mostly at fault for the accident.
What Damages Are Typically Covered in Car Accident Claims in Arizona?
Claims arising from car accidents in Arizona encompass a broad spectrum of damages, including:
- Medical treatment and rehabilitation expenses
- Lost income if you can’t work due to your injuries
- Reduced future earnings if you are permanently disabled due to injuries you sustained in the accident
- Relevant out-of-pocket expenses like travel costs to doctor appointments
- Pain, suffering, or lost quality of life
The expert lawyers at Wade & Nysather can give you a general idea of damages you may be eligible for.
In Arizona, How Much Could I Owe if a Car Crash Was Partly My Fault?
Due to Arizona’s comparative fault laws, you (or your insurance company) may be responsible for your share of fault in the accident. For instance, if the other driver’s damages total $10,000 and you are determined to be 20% at fault, you would be liable for $2,000.
Conversely, if your damages reached $100,000 and you were assigned 20% fault for the accident, the other driver would be obligated to compensate you for 80% of the total, equating to $80,000.
Given the possibility of recovering damages despite partial fault, engaging the services of a car crash lawyer is typically advisable to maximize your potential compensation.
What Is the Statute of Limitations for Car Accidents in Arizona?
Due to Arizona’s comparative fault laws, you (or your insurance company) may be responsible for your share of fault in the accident. For instance, if the other driver’s damages total $10,000 and you are determined to be 20% at fault, you would be liable for $2,000.
Conversely, if your damages reached $100,000 and you were assigned 20% fault for the accident, the other driver would be obligated to compensate you for 80% of the total, equating to $80,000.
Given the possibility of recovering damages despite partial fault, engaging the services of a car crash lawyer is typically advisable to maximize your potential compensation.
Do You Need a Lawyer for Car Accident Cases in Arizona?
Typically, individuals who enlist the services of car accident attorneys secure 3.5 times more compensation (net of the lawyer’s fees) compared to those who don’t, making the investment in hiring a lawyer worthwhile.
Wade & Nysather provides complimentary consultations. We will assess whether we believe we can secure a greater settlement than you might achieve independently. Plus, operating on a contingency fee basis means you only pay us if we successfully secure compensation for you.
Schedule a Free Consultation With an Arizona Car Crash Lawyer
If you live in the Phoenix metro area and were in an accident that was partly your fault, schedule a free consultation with the experienced Arizona car accident lawyers at Wade & Nysather. We have locations in Scottsdale, Glendale, and Mesa to serve you. Call or Text 602-547-2222
