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What Are Arizona’s Car Accident Laws?
Car accidents can have devastating outcomes physically, emotionally, and financially. Determining fault can be complex, yet it is the basis upon which you can pursue compensation. Arizona has a comparative negligence system for determining fault. Under this rule, you can only receive compensation based on the percentage of fault you are assigned in the accident.
If you got involved in an accident in Scottsdale and are wondering how to determine fault, a skilled Scottsdale personal injury lawyer can help you. They can also provide in-depth legal insights on what you need to know about car accident laws in Arizona. This knowledge is crucial in helping you protect your rights.
How Does the Comparative Negligence Rule Work?
The pure comparative negligence system enables you to recover damages even if you’re partially to blame for the accident. However, the final amount you receive will be based on how much your actions contributed to the accident, expressed as a percentage.
For example, if your total damages are worth $100,000 and investigations reveal you were 30% at fault, you will receive $70,000 in compensation. Working with a knowledgeable car accident attorney in Scottsdale is crucial to ensure you receive the amount your case is worth. Your lawyer will also advise on the steps to take after the accident to avoid getting in trouble with authorities.
What Should I Do After a Car Accident?
If you follow the right procedure after a collision, you can protect your right to compensation and enhance the chances of a favorable outcome. The following are the recommended steps:
- Check yourself and others for injuries and provide assistance if possible. Don’t attempt to move anyone seriously injured to avoid complicating the injuries.
- Call for emergency medical assistance if any sustains severe injuries that require professional attention. Have yourself checked by a doctor even if you don’t feel hurt.
- If your car can still move, remove it from the road to avoid obstructing traffic, according to Arizona Revised Statute Section 28-674.
- Don’t leave the accident scene until the police arrive to prevent the risk of having your license suspended.
- Gather as much evidence as possible by taking photos or videos of the accident scene from different angles, capturing the car damage, road debris, skid marks, the surrounding area, and your injuries.
- Exchange information with the other parties involve and record details such as their name, address, contact details, license plate number, and driving license number.
- File a report with the police and get a copy.
- Talk to any witnesses at the scene and collect their contact details.
- If you hit an unattended car, locate the owner and exchange details with them. If you can’t find them, attach a note to the vehicle notifying them of what happened, and leave your contact details.
- Notify your insurance company.
- Talk to a reputable car accident attorney in Scottsdale.
How is Fault Determined in a Car Accident?
Arizona uses the negligence law to determine who is at fault in an accident. Determining liability calls for a detailed investigation of the events surrounding the crash. Your Scottsdale car accident lawyer and the other parties will typically visit the accident scene to collect evidence.
They will also examine the damage to each vehicle, evaluate the nature and extent of your injuries, and review documentation and phone records. Once they piece together this information, they can reconstruct the accident or engage experts to determine the fault.
The Role of Witnesses in a Car Accident
Witness testimony can be crucial in establishing fault in a car accident. If you collected contact information from anyone who witnessed the accident, your Scottsdale car accident attorney can contact them to determine if they can provide testimony that can be helpful to your case.
How Much Time Do I Have to File a Claim?
Like other states, Arizona has a statute of limitations for personal injury claims. The period is two years from the accident date. While this may seem like a long time, remember that time is of the essence, given that negotiating an out-of-court agreement with insurance companies is often complex.
Your car accident lawyer needs time to collect evidence and create a strong case to prove why you deserve compensation. The back and forth with the insurance company may also be long and unfruitful, requiring your lawyer to file a lawsuit. If your case goes to court, it must be within two years from the accident date.
What Damages Can I Claim in a Personal Injury Case?
Your personal injury lawyer in Scottsdale can calculate a fair value for car accident injuries. To arrive at the value, lawyers make a comprehensive assessment of all the different ways the injuries impact your life, with the following damages comprising the final settlement amount you get:
- Past and future medical expenses
- Lost wages if you missed work while undergoing treatment
- Lost future earning potential if the injuries are so severe that you can’t work in the same capacity as before
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
Given all these factors, arriving at a fair settlement amount varies from case to case. With a skilled lawyer fighting for your rights, you stand a better chance of obtaining the maximum settlement possible.
A Skilled Car Accident Lawyer Helping You Navigate Arizona’s Car Accident Laws
If you get into a car accident, it’s vital to engage the legal counsel of an experienced car accident attorney in Scottsdale. A legal expert can help you understand how Arizona car accident laws can affect the outcome of the case and what you can do to protect your legal rights.
At the Wilson Ortiz Law Firm, you can get skilled legal help to navigate Arizona’s complex personal injury laws. Our car accident lawyer in Scottsdale can fight for the maximum compensation possible to enable you to focus on healing and recovery. Call us at 623-294-1442 for a FREE consultation.
