How Is Liability Determined in Arizona Car Accidents?

To recover compensation in an Arizona car accident claim, you must prove that someone else caused the crash and is financially responsible for your injuries. But how is liability determined in a car accident case? That’s a tricky question, and understanding the answer is vital to building a persuasive case for maximum compensation.

Is Arizona a Fault State for Car Accidents?

Yes, Arizona is a fault state for car accidents. Put simply, the person who caused the crash is liable for the harm they caused. Accident victims can seek compensation from the responsible party(s) for their medical expenses, lost wages, pain and suffering, and related damages.

Key Factors in Determining Liability

Two main factors play a role in determining liability in a car accident case:

• Negligence – Drivers have a legal duty to prevent harming others on the road. If a motorist fails to take reasonable precautions to avoid a collision and someone gets hurt, they may be considered negligent and financially accountable for any injuries.
• Comparative negligence – States have different rules for determining compensation when multiple parties share responsibility for a crash. Arizona follows a system called pure comparative negligence. Under this law, you can still recover compensation even if you were partly at fault, as long as you weren’t entirely responsible. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you’re found 10 percent at fault, your total compensation would be reduced by 10 percent.

The comparative negligence law can become a sticking point during settlement negotiations with the insurance company after a crash. Insurers work hard to push the blame for a car accident onto another party to limit their payouts. An experienced car accident lawyer can advocate for you during settlement negotiations to counter tactics that might leave you underpaid.

Proving Fault in Arizona Car Crashes

You need compelling evidence to prove fault in an Arizona car accident. Potential evidence your lawyer might use to support your case includes:

• Medical records
• Photos from the accident scene
• Eyewitness accounts
• Traffic camera or surveillance footage
• Cell phone records
• Skid marks, debris from the scene, or other physical evidence

The Role of Witnesses and Expert Testimony

Eyewitnesses and scientific experts can be valuable assets when determining liability for a collision. Witnesses can testify about another driver’s actions leading up to a crash. For instance, a witness who observed the at-fault driver using their phone just before the collision can provide unbiased testimony that supports your claim of distracted driving.

Similarly, scientific experts can clarify technical aspects of a case to help prove liability. For example, crash reconstruction experts can analyze scene photos, vehicle damage, impact angles, and other evidence to recreate the accident and help determine who was at fault.

Contact Our Arizona Car Accident Lawyers Now for Legal Help

With our decades of combined experience and connections to industry-leading expert witnesses, the car accident attorneys at Brown & Hobkirk, PLLC have the knowledge and resources to build a compelling personal injury claim seeking maximum compensation for your losses. Call now or complete our contact form for a free case review.