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Car accident attorneyFebruary 19, 20240 comments

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Fault is determined in a car accident in Arizona based on the nature of the crash, witness testimonials, and evidence documented in police reports. Since Arizona is an at-fault state, the party found liable will generally be responsible for covering damages.

However, there are gray areas when it comes to determining fault. This makes it important to understand the specifics of your case and Arizona’s pure comparative rules. Let’s discuss these items in more detail.

How Fault is Determined in a Car Accident in Arizona

Fault is determined in a car accident in Arizona based on who initiated the accident. For example, a car that cuts into oncoming traffic and causes an accident might be found at fault. However, Arizona Revised Statutes § 12-2505 outlines comparative fault rules, which apply to auto accidents, personal injury, and property claims.

This law states that an accident can be caused by multiple parties. In these situations, fault is divided up based on available evidence. Using our above example, let’s say that the driver who cut into traffic was met with abrupt brake lights. This might lead to fault apportioned to the other driver.

Pure comparative fault rules in Arizona allow drivers to be up to 99% responsible for an accident and still be able to recover damages from the party that is 1% responsible. Arizona is unique in that many states prohibit parties from seeking damages if they are more than 50% at fault.

Recovering Damages

If you’ve been involved in an Arizona car accident where another party is at fault, you have a few options. First, you can file a third-party claim against the at-fault driver’s insurance company. Another option is to file a claim with your insurance provider, depending on your coverage. This is a common option if you are entirely or partially at fault in an accident.

Moreover, parties that are not at fault in a car accident can file a personal injury lawsuit to pursue damages in court. This can help you secure insurance funds from the at-fault driver, as the Arizona Department of Transportation requires insurance for vehicles operating on the road.

Damages can be recovered for a variety of reasons, such as medical bills, future medical care, lost wages, pain and suffering, mental anguish, and out-of-pocket expenses related to the accident. The severity of your injuries and your comparative fault will determine how much compensation you can receive.

For example, if your claim is worth $100,000 and you are found 50% at fault for the accident, your total claim value might be reduced to $50,000.

Finding a Car Accident Lawyer in Arizona

Arizona car accident lawyers are indispensable when it comes to pursuing damages in court. Not only can the right lawyer evaluate the success potential of your claim, but they can also work with other lawyers and insurance companies on your behalf. Reach out today to schedule your free consultation with our team at theZlawyer today.