Arizona Car Accident Laws
Vehicle accidents are a common occurrence in Phoenix, Arizona, with recent studies showing over 40,000 accidents in 2021 alone. When it comes to handling the aftermath of a car accident in Arizona, you want to be aware of the main laws in effect.
If you’re interested in learning more about accident reporting, comparative negligence, and the statute of limitations surrounding Arizona car accidents, this blog is for you.
Do You Need to Report the Accident?
Arizona laws don’t require individuals to personally report the incident. However, if any of the following occur, law enforcement officials are required to generate a written report:
- Injury
- Fatality
- Property damage that exceeds $1,000
- Citations issued to any involved parties
Even if you don’t plan on personally reporting the incident, you must remain on the scene until all necessary information is exchanged. Fleeing the scene might upgrade your small fender-bender to a hit and run misdemeanor or felony.
A hit and run misdemeanor occurs when you cause damage to another vehicle and fail to stop, while failing to stop after an accident that causes physical injury is classified as a hit and run felony.
How Does Comparative Negligence Work?
Often, car accidents aren’t the fault of just one party, which is why Arizona laws follow comparative negligence. Individuals that share responsibility for car accidents can recover compensation for their losses, even if they are the majority at fault. Comparative negligence percentages are determined by the court after reviewing all of the facts surrounding the accident.
This means if a driver is 95% at fault, they can still receive compensation. However, any compensation they receive will be reduced by their negligence percentage. Let’s say that you sustain $5,000 worth of vehicle damage and you are found 25% at fault. You may only receive up to 75% of the damage amount or $3,750.
What is the Statute of Limitations?
One of the most important car accident laws that Arizona enforces is a statute of limitations. Those involved in a car accident have two years from the date of the accident to report the incident to insurance carriers. Any claims after this deadline will most likely be denied and you will be responsible for repairs.
Additionally, if you are bringing a personal injury lawsuit against another involved party, you need to have your case filed by the two-year deadline. If you miss your window, you will most likely lose your ability to recover compensation for your losses. This is why it’s important that you contact a qualified Phoenix attorney as soon as possible.
Finding the Right Attorney
Whether you were the cause of a car accident or a victim, it’s important that you partner with the right attorney. Our legal team at The Law Office of Zayed Al-Sayyed understands that mistakes happen.
We want to work alongside you to find the most favorable outcome for your situation, regardless of which side of the fence you are on. Contact our team to schedule a consultation today.
Do Pedestrians Have the Right of Way in AZ?
Pedestrian right-of-way laws can be tricky in Arizona, especially with each municipality imposing slightly different regulations. However, following pedestrian right-of-way regulations in Arizona is necessary, regardless of if you are a motorist, pedestrian, or cyclist.
What are the Pedestrian Right-of-Way Laws in Arizona?
Although there are fewer right-of-way regulations that pedestrians must follow compared to motorists, Arizona law specifically states that pedestrians cannot cross an intersection or a roadway if an approaching vehicle does not have the proper time to stop. It’s much easier for a pedestrian to stop walking rather than a vehicle coming to a quick stop.
Crossing roadways and intersections in unmarked areas, also known as jaywalking, is also prohibited in Arizona. Pedestrians are only allowed to cross the street at designated walkways and if a walk signal is present.
When are Pedestrians Required to Yield to Drivers in Arizona?
Pedestrians are required to yield to drivers in certain situations. At intersections, pedestrians must wait until there is a green signal to cross. Pedestrians are never permitted to cross the roadway in front of an approaching vehicle.
On the contrary, drivers must always yield to pedestrians, even if pedestrians aren’t following the proper regulations in Arizona. Drivers must come to a complete stop before the crosswalk, allowing pedestrians adequate time and space to cross.
Is Road Walking Permitted in Arizona?
Road walking is permitted if there is no sidewalk. If there is a sidewalk, Arizona pedestrians must walk on the sidewalk. When pedestrians do choose to walk on the road with no sidewalk, they should stay on the shoulder. In addition, pedestrians should walk in the opposite direction of oncoming traffic to give motorists a clear view. Runners and joggers should follow the same regulations.
How Can Pedestrians Avoid Collisions with Motor Vehicles in Arizona?
When motorist and pedestrian accidents happen in Arizona, there are often multiple parties at fault. This could be a pedestrian crossing the road at the wrong time or a motorist not paying full attention to the roadway. There are ways that pedestrians can help avoid collisions with motor vehicles in Arizona.
First, pedestrians should follow all applicable signs, including “walk” and “wait” signals at intersections. Even when pedestrians have a clear sign to walk, they should double-check oncoming traffic before stepping out onto the road. Furthermore, pedestrians should look out for turning vehicles to ensure a clear roadway.
What About Cyclists?
Cyclist regulations in Arizona can be complex. Motorized vehicles, like wheelchairs, are considered pedestrians, while bicycles and scooters are considered a mix between pedestrians and drivers.
Where the cyclist is operating can determine which rules must be followed. If the cyclist is on the sidewalk, they should follow pedestrian laws. On the contrary, if the cyclist is on the roadway, they should follow motor vehicle regulations.
What Happens if You Are Injured or Cause an Accident?
Regardless of whether you are the injured party or at fault for an accident, you want to be working with a qualified attorney in Arizona. Reach out to The Z Lawyer today to see what your options are for a lawsuit or collecting damages.
Can Someone Sue You for a Car Accident in Arizona?
Unfortunately, car accidents are a common occurrence. Studies show that the average American driver will be in at least three to four accidents in their lifetime. Does this surprise you?
If you were the cause of a car accident, you probably have dozens of questions floating around in your head, one of which is if someone can sue you. Simply put, yes. Someone can sue you for a car accident in Arizona. Let’s get into the specifics.
Arizona’s Statute of Limitations for Car Accidents
Each state has a statute of limitations, which is the timeframe for bringing a lawsuit forward. Arizona’s statute of limitations for car accidents that cause injury is two years from the date of the accident. If two years pass, the individual generally loses their ability to sue you for damages. There are certain instances where you can be sued even after the two-year statute of limitations expires.
Knowing Potential Damages
The severity of the accident dictates the types of damages you can expect. Here are a few common damage claims:
- Medical Treatment – One of the most common types of damages is compensation for bills resulting from medical treatment. This can also include compensation for future medical care.
- Income – Lost income is another common damage claimed by victims of car accidents. Both past and future income can be part of the claim.
- Property Loss – Costs associated with vehicle repairs can also be included as a part of the lawsuit. Clothing, cell phones, and other items inside the vehicle can yield additional liability.
- Pain and Suffering – The injury doesn’t always need to be physical for someone to sue you for compensation. Anxiety, depression, and PTSD resulting from the accident all warrant a payout.
These are some of the causes of monetary damages, but there can be other consequences you face after an auto accident. This includes license suspension and jail time. Minimizing negative consequences relies on working with a qualified attorney.
Ensuring a Favorable Outcome
Arizona works based on comparative negligence, meaning you might not be fully at fault for the auto accident. To ensure that you are receiving a fair outcome, it’s best to work with an Arizona personal injury attorney, like our team at The Law Office of Zayed Al-Sayyed.
If you’re interested in learning more about how our team can help you navigate the process of being sued for a car accident, reach out today to schedule a consultation.
Does a Passenger Have to Show an ID in Arizona?
By now, we’ve all seen the videos of passengers refusing to show an ID during traffic stops. Is this legal? Although you might have numerous reasons for safeguarding your ID, legislation in Arizona does give authority figures the ability to require ID presentation in certain scenarios.
In this article, we’ll cover the situations that require ID remittances, what rights you have as a passenger in Arizona, and the potential consequences of noncompliance. If you have already been involved in a law enforcement encounter, it’s important to seek representation right away.
Arizona is a Stop and ID State
In Arizona, law enforcement officers can request your identification if they have reasonable suspicion to believe you are involved in criminal activity. Reasonable suspicion means that you have or are in the process of committing a crime. Law enforcement officials must be able to prove reasonable suspicion, as a “hunch” won’t hold up in court.
The other situation that gives law enforcement the right to request your ID is lawful detention. Lawful detention triggers the Stop and ID law and is commonly seen in traffic stops, investigatory stops, and arrests.
If law enforcement does have legal grounds for requesting your ID, you must provide your true full name and furnish your ID. However, you do not need to carry any type of identification that substantiates your address or date of birth.
Your Arizona ID Rights
Outside of reasonable suspicion and lawful detention, you do not need to show law enforcement your ID or answer any questions regarding your activities or destinations. Whether you are in the midst of a routine traffic stop or any other conversation with law enforcement, you have the following rights under Arizona law:
- Right to Remain Silent – Although Arizona’s Stop and ID law requires you to furnish your ID and legal name in certain situations, you have the right to avoid any other information requests or probing questions.
- Right to Refuse Consent to Search – Arizona law enforcement officials cannot search you or your vehicle without your consent, probable cause, a warrant, or legal grounds.
- Right to an Attorney – If you are being detained, you have the right to request an attorney during questioning.
These rights apply to both drivers and passengers in a motor vehicle. Knowing these rights can help you prepare if you are pulled over or detained by law enforcement officials.
Consequences of Noncompliance
Failing to provide an ID in Arizona is a criminal offense. If law enforcement has reasonable suspicion and you refuse to show an ID, you could be detained. Both failure to provide a license and failure to provide identification are considered class 2 misdemeanors, with up to $750 in fines. A maximum of 4 months in jail and probation can also be consequences depending on the circumstances.
Summary
Do you believe you were wrongly required to show an ID in Arizona? How about being detained because of refusing identification? If you find yourself in either of these situations, contact our team at The Law Office of Zayed Al-Sayyed right away. It’s important to have the right representation when working through these matters.
Penalties for Illegal Possession of a Firearm in Arizona
Arizona laws are constantly changing, especially surrounding firearm possession. Generally, Arizona residents have the right to carry firearms unless the law deems them a prohibited possessor. Seems pretty straightforward, doesn’t it?
Well, not exactly. An Arizona resident can be considered a prohibited possessor for a variety of reasons, which is why you need to understand the basics of Arizona gun laws and the potential penalties for illegal firearm possession.
What are Arizona Gun Laws
Arizona gun laws are fairly lenient compared to other states in the nation. There is no rigorous background check, state permit, or license needed to buy a firearm. In addition, your firearm doesn’t need to be registered, even if you conceal carry. However, there are specific places where firearms are prohibited, including:
- Schools
- Childcare centers
- Restaurants and bars
- Jails and prisons
- Power and nuclear plants
- Polling places during elections
- Posted private property
- Courthouses and other federal buildings
Understanding where firearms are specifically prohibited can help you avoid stiff penalties and criminal charges.
What is a Prohibited Possessor?
Unless you are considered a prohibited possessor, Arizona residents have the right to own guns. Immigration status and life history are the two main reasons why an Arizona resident would receive prohibited possessor status. Here are a few more situations where you might be considered a prohibited possessor:
- You are a danger to yourself or others and fit the definition under Arizona Statute 36-640.
- You are a convicted felon.
- You are incompetent to stand trial.
- You are found not guilty as a result of insanity in a criminal case.
- You are incarcerated, on house arrest, parole, or other monitoring.
- You are a foreign national present in Arizona with a nonimmigrant visa.
In some situations, you can have your gun rights reinstated.
What are Penalties for Illegal Possession of a Firearm in Arizona?
Illegal possession of a firearm in Arizona can come with serious penalties and fines, including:
- Providing a firearm to a person with a known gang conviction is considered a class 3 felony, with up to seven and a half years in prison.
- Possession of a firearm as a prohibited possessor is a class 4 felony, with up to three years in prison.
- Possession of a firearm on school property is a class 6 felony, with up to one and a half years in prison.
- Providing a firearm to a prohibited possessor is a class six felony, with up to one and a half years in prison.
If you are accused of any of these items, contact a lawyer right away to minimize your jail time and penalties.
Summary
Are you considered a prohibited possessor and trying to get your status changed? How about being convicted of illegal possession of a firearm in Arizona? Regardless of your situation surrounding firearms, you want to be sure you have the right professional standing behind you. Contact to our team at The Z Lawyer today to see how we can help you navigate Arizona firearm laws.
Can You Refuse to Show ID in Arizona?
When you are stopped by law enforcement, are you required to show your ID? This is a common question we get, as legislation surrounding ID requests can be confusing. Law enforcement officials can’t request your ID without probable cause or reasonable suspicion.
Understanding when you are required to show an ID, how the regulations change for motorists, and the consequences of refusing to furnish your ID are three important concepts to know before your next encounter with law enforcement.
When Are You Required to Show an ID in Arizona?
In Arizona, you are required to show your ID if a law enforcement official requests it. You don’t always need to be caught committing a crime to meet this requirement. Both probable cause and reasonable suspicion give authorities the ability to request an ID.
Probable cause means that a reasonable person would conclude that you were in the process of or have already committed a crime. Reasonable suspicion comes into play when the officer has facts and proof that you were involved in a crime.
Although you can ask the law enforcement official for proof of probable cause or reasonable suspicion, you want to avoid escalating the situation. If the officer feels threatened, you could provoke an arrest.
Do the Same Rules Apply to Motorists?
The same rules apply to motorists. Arizona is considered a Stop and ID state. This gives law enforcement officials the ability to stop motorists and request their license, registration, and proof of insurance. However, you don’t need to answer probing questions, such as where you are heading or where you are coming from.
In addition, you have the right to remain silent, the right to an attorney, and the right to prohibit unlawful searches regardless of if you are operating a vehicle, in public, or at your home. These three rights are important to remember when you are being questioned or detained.
What are the Consequences of Refusing to Show an ID in Arizona?
There can be serious consequences for refusing to show an ID in Arizona when requested. This includes monetary fines, potential jail time, and probation. If a law enforcement officer requests your ID, it’s best to give it to them without refusing. You can always contest the ticket or violation in court with an attorney.
Remember, it’s not a crime to refuse to answer questions without an attorney present, but it is illegal to withhold your license or identifying information when the officer can prove probable cause or reasonable suspicion. Knowing the difference can help you prevent being detained for noncompliance.
Summary
If you find yourself in a situation with Arizona law enforcement over showing an ID, contact an attorney right away. The right to an attorney is specifically outlined in Arizona legislation. What you say to law enforcement can and will be used against you, making it important to have an advocate on your side right away. Contact The Law Offices of Zayed Al-Sayyed right away for help navigating your ID refusal charges.
Can You Film Police in Arizona?
When you see an altercation or incident taking place, what’s the first thing most people do? Pull out their smartphones. Although it’s not illegal to film in public, you may need to comply with officer requests to stop filming to avoid obstruction charges and detainment.
In this article, we’ll outline when it’s appropriate to film the police in Arizona and the potential consequences of noncompliance with officer requests. If you find yourself with an obstruction ticket or have been detained for filming, contact our team right away to discuss your options.
Can You Film Police in Arizona?
Filming the police in Arizona is legal. In mid-2023, a new law was circulating that would have made it illegal to knowingly film law enforcement officials within 8 feet or closer if the officer told the individual to stop recording. However, this piece of legislation was overturned by the Supreme Court. Currently, there are no laws prohibiting the filming of police officers in public.
There are loopholes that Arizona police officers can enforce to stop recordings. For example, when law enforcement officials order a crowd to disperse, this generally means stop filming and move on. Failing to follow this order can result in tickets and potential detainment.
How to Safely Film Police in Arizona
When recording law enforcement officials, it’s important that you remain outside of the situation. This means that you don’t approach the police officers to get a better video and refrain from getting involved in the situation. Maintain a safe distance from the situation (at least 8 feet) and don’t display any threatening actions, such as running toward the situation or shouting at officers.
Remember, you don’t legally need to stop recording when an officer asks you. You are within your Arizona rights to keep filming. However, some law enforcement officials can take your refusal as threatening and detain you, especially if they’ve issued an order for the crowd to disperse. In these situations, it’s best to comply, move on, and contact an attorney to determine your next course of action.
Bystander Film Can Be Beneficial for Your Case
Whether a bystander accidentally or intentionally recorded your situation, this film can be crucial to your case. Although law enforcement officials will usually seek out witnesses, it’s important to obtain film of your accident or altercation before you enter the courtroom. A qualified attorney can request all video footage of the incident so that you can enter the courtroom fully prepared.
Summary
Were you detained or fined for filming police in Arizona? If so, it’s important to go through the facts of your case with an attorney. You might have sufficient grounds for fighting the violation in court, especially with no current legislation prohibiting recording in public places. Contact out to our team at The Law Office of Zayed Al-Sayyed today to discuss your situation and go over the next steps.
Is Arizona a Pedestrian State?
Arizona has right of way laws in place to protect both pedestrians and motorists, with some of the highest numbers of pedestrian accidents in the nation. Understanding applicable pedestrian laws can help you reduce your risk of an accident and bring a comprehensive case forward when seeking compensatory damages.
What Right of Way Laws Must Pedestrians Follow in Arizona?
Arizona pedestrians must abide by fewer laws compared to motorists. Nevertheless, adhering to these regulations can significantly reduce the number of accidents in Arizona. Pedestrian laws can be broken down into two main categories: road crossings and sidewalks.
Road Crossing
Arizona laws prohibit jaywalking. This means crossing the road without the proper signal or crossing outside of the designated walkway. Pedestrians are only allowed to cross the roadway at intersections, crosswalks, and designated pedestrian walkways.
If there is no designated walkway, pedestrians can cross the road if they give drivers an adequate amount of time to stop. Accidents that result from last minute crossing of the road are usually the fault of the pedestrian.
Sidewalks
If there is a sidewalk present, pedestrians in Arizona must use it. Pedestrians cannot walk on the side of the road when there is a designated walking area. If the sidewalk abruptly ends, the pedestrian is allowed to walk on the actual road on the shoulder. At no point should pedestrians walk in the roadway.
Additionally, pedestrians walking on the roadway must walk in the opposite direction of traffic to ensure motorists have a clear view. Runners and joggers should follow these same rules. If you do need to cross the roadway, follow the above road crossing rules.
Are Cyclists Considered Pedestrians in Arizona?
Cyclists are one of the gray areas of Arizona pedestrian laws. Some motorized vehicles, like automated wheelchairs, fall under the pedestrian category, while bicycles and scooters are classified as hybrid pedestrians.
If a cyclist is on the road, they must follow vehicle rules, but if the cyclist is on the sidewalk, they are subject to pedestrian laws. In Arizona, cyclists are allowed to ride on the sidewalks unless there is an ordinance or sign prohibiting it. For example, Tucson does not allow cyclists to ride on sidewalks.
Cyclists have the ability to choose which side of the sidewalk they ride on. However, if the cyclist is on the roadway, they must ride on the right side of the road, next to the curb unless they are turning. Hand signals and other motions should be used to indicate turning.
When Should You Hire a Pedestrian Accident Lawyer?
If you’ve been involved in a pedestrian accident, it’s important that you hire a pedestrian accident lawyer right away. Arizona has a harsh statute of limitations, meaning you want to bring your claim forward as soon as possible.
Our team at theZlawyer is on standby, ready to help you navigate pedestrian laws. Whether you are at fault, looking to minimize liability, or the victim of a pedestrian accident, our team has you covered. Reach out today to schedule your free consultation.
What is the Statute of Limitations on Personal Injury In Arizona?
Were you the victim of a personal injury accident? Whether you slipped at work or were injured from a faulty product, knowing the time you have to bring a case forward is important. You don’t want to miss your window of opportunity to pay mounting medical bills.
When you become a victim of personal injury, it’s important that you understand the statute of limitations on different claims, why staying within the timeframe is important, and how you can bring a case forward on time.
What are the Statute of Limitations on Personal Injury Claims in Arizona?
The general timeframe for personal injury claims is two years from the accident or occurrence. Medical malpractice, negligence, product liability, and wrongful death cases must all be brought within two years. However, if you are making a claim against a public entity or employee, these claims must be brought forward within 180 days of the incident.
Although these statutes of limitations are fairly strict, there are exceptions depending on the circumstances, especially with children under the age of 18. Nevertheless, the sooner you bring a case forward, the better.
Why is Staying Within the Timeframe Important?
Staying within the timeframe outlined within Arizona’s statute of limitations is important to avoid your claim being thrown out. Even if you are just one day over the statute of limitations, Arizona’s courts might dismiss your case.
In addition, cases that are filed shortly after the incident can flow smoother. It’s more difficult to remember what happened over a year ago compared to something that occurred just last week. Having fresh information in your mind ensures you don’t miss key details that can help your personal injury case.
To guarantee that you bring forward a case on time, it’s important that you contact a qualified attorney that can expedite the process. A qualified attorney can look at the details of your case, including the validity to give you concrete information on the timeframe you have to build a case.
What Judgments are Awarded in Personal Injury Cases?
Arizona does not have a cap on personal injury damages. This means you can factor in different costs, such as medical bills, future medical expenses, and lost wages. In addition, you can be compensated for pain, suffering, and emotional distress.
There are two types of damages you can receive: punitive and compensatory. Punitive damages are less common and can only be awarded in a trial setting. On the contrary, compensatory damages include all of the aforementioned costs to arrive at a payout amount.
Summary
Do you have a personal injury claim? Whether the incident occurred last week or last year, it’s important that you reach out to a qualified attorney that can discuss the next steps in bringing a legal case forward.
Reach out to one of our team members at The Law Office of Zayed Al-Sayyed today to go over your personal injury claim. Don’t wait until time runs out. Contact us today.
Is a First-Time DUI a Felony in Arizona?
Let’s say you had a few drinks and got pulled over by law enforcement in Arizona for suspected driving under the influence. Although you felt like you were under the legal limit, you ended up blowing a 0.09. Now what?
Countless thoughts might be running through your head, like “will I receive jail time?” or “is my first DUI a felony?” This article will answer these questions and dive into penalties and legal defenses you can use for your case.
Understanding Arizona’s DUI Laws
Driving a vehicle under the influence of drugs or alcohol, known as a DUI, is illegal in Arizona. If you have illegal drugs in your system or blow over a 0.08 BAC, law enforcement can make an arrest and charge you with a DUI.
The severity of your DUI depends on the circumstances. Did you cause an accident? Were you driving recklessly? Traditional DUIs that don’t involve injury to other parties are less serious compared to causing a collision or damaging personal property.
Arizona classifies first-time DUIs as a Class 1 Misdemeanor. Unless there are extenuating circumstances, you will not have a felony on your record when you receive your first DUI.
What are the Penalties for DUI in Arizona?
There are three different levels of DUI penalties: general, extreme, and aggravated. General DUI penalties, which are common for first-time DUI charges, are punishable by more than 10 consecutive days in jail, fines of at least $1,250, and a mandatory ignition interlock device. You may also be required to take mandatory alcohol screening and education courses.
Extreme DUI penalties are more severe and occur when your BAC is over 0.15. This charge comes with at least 30 days in jail, minimum fines of $2,500, mandatory screening and education, community service, and installation of an interlock device on your vehicle.
Aggravated DUI penalties are the most severe for first-time DUI charges. These charges are common if minors are in the vehicle when you are pulled over. Penalties can include all of the charges found in extreme DUI cases, plus up to two years of jail time.
What Legal Defenses Can You Use for a First-Time DUI?
When it comes to defending your first DUI, there are a few different approaches you can take. First, be sure the blood or breath sample that law enforcement obtained was legal. If you were pulled over for no reason and ordered to take a breathalyzer, the results might not be admissible in court.
Next, it’s important that you evaluate the information that proves you were intoxicated when arrested. The prosecution needs to have adequate proof that you were intoxicated or driving in an unsafe manner. Any weaknesses can help your defense.
Finally, if you were charged with a chemical DUI, go through the validity of the chemical testing. Labs can make mistakes, which is why it’s important that you are thorough with your evaluation of the results.
Summary
Are you facing your first DUI in Arizona? If so, it’s time to reach out to a qualified expert that can uncover any weaknesses in the prosecutor’s case to minimize your penalties, jail time, and more.
Our team at The Law Office of Zayed Al-Sayyed can do just that. Reach out to schedule your consultation today.