Phoenix comparative fault laws and your car accident claim
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Car accidents can leave you dealing with injuries, stress, and financial problems. If you’ve been in an accident in Phoenix, it’s important to understand how Arizona’s laws affect your ability to get compensation. One key rule is called comparative fault, and it determines how much you can recover based on your role in the accident. Even if you share some of the blame, you might still be able to get money to cover your losses. Working with a car accident attorney in Phoenix can make the legal process easier and boost your chances of a fair outcome.
In this article, we’ll break down Arizona’s comparative fault law, explain how it might affect your claim, and share tips to help you protect your rights.
What is Arizona’s comparative fault law?
Arizona uses a rule called pure comparative fault for car accidents. This means that you can recover money for your damages even if you were somewhat responsible for the crash. However, the amount you receive will be lowered by your percentage of fault.
- If you are 20% at fault for the accident and your damages total $50,000, you can recover $40,000 (80% of the total).
- Even if you’re mostly at fault—say 90%—you can still recover 10% of your damages. While this law allows for some recovery, no matter your level of responsibility, insurance companies may try to blame you for more than your fair share. This can lower how much money you get.
How fault is decided in a car accident
Determining who caused a car accident involves looking at many details, including what happened before and during the crash. Evidence like police reports, witness statements, and video footage all play a role. Common factors that might determine fault include:
- Speeding: Was one driver going faster than the posted limit?
- Distracted driving: Was someone texting or not paying attention?
- Traffic violations: Did a driver run a red light or stop sign?
Insurance companies and lawyers for the other driver will examine this evidence and use it to decide how much blame each party should get. If you don’t have someone on your side to defend you, you might be unfairly assigned more fault than you deserve.
Steps you should take after a Phoenix car accident
What you do after an accident can have a big impact on your ability to recover compensation. These steps can help you protect your claim:
- Get medical help: Always see a doctor, even if you think your injuries are minor. This creates a record that can be used later.
- Call the police: A police report can serve as an official account of the accident and help clarify fault.
- Take pictures: Document the crash site, vehicle damage, and any visible injuries with photos.
- Speak carefully: Avoid admitting fault or guessing what caused the accident when talking to others or the insurance company.
- Talk to a lawyer: An attorney can handle the legal side of things, making sure you get treated fairly.
These actions can protect your health, rights, and ability to get the money you need after the crash.
Things that can affect your claim
Several factors can influence how much money you recover after a car accident. These include:
- The severity of your injuries: Severe injuries can lead to higher compensation, but you’ll need medical records to prove them.
- Your role in the accident: If you’re found mostly at fault, your compensation will be reduced.
- Insurance company tactics: Insurers may try to blame you for the accident to lower their payout.
- The strength of your evidence: Good evidence, like photos and witness statements, can support your case.
By understanding these factors, you’ll be better prepared to handle challenges in your claim.
Why a Phoenix car accident lawyer can help
Handling a car accident claim without legal help can be tough, especially when fault is being debated. Insurance companies often use Arizona’s fault rules to reduce what they owe. They may argue that you caused more of the accident than you actually did.
A Phoenix car accident lawyer can help by gathering evidence, building a strong case, and fighting back against unfair blame. They can also handle talks with the insurance company, giving you more time to focus on healing. With a lawyer, you’re more likely to get the money you need to cover medical expenses, lost income, and other costs.
Get help with your car accident claim
Arizona’s comparative fault laws can be confusing, but you don’t have to face them alone. If you’ve been injured in a car accident, taking educated steps can make a big difference in your case. A Phoenix car accident lawyer can explain your rights, help you build a strong claim, and work to get you the compensation you deserve. Don’t wait. Reach out today to protect your future.