por Zayed Al-SayyedHow is Fault Determined in a Car Accident in Arizona?
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.
por Zayed Al-SayyedWhat To Do After a Minor Car Accident in Arizona?
Millions of auto accidents happen each year, from small fender benders to total losses. Unfortunately, auto accidents are no longer a “what if” situation but rather a “when.” Whether you were recently in a fender bender or are simply taking a proactive approach, it’s important you understand what to do after a minor car accident in Arizona.
What Does Arizona Law Require?
Arizona law requires drivers to pull over immediately following an accident. Although this might seem self-explanatory, fleeing the scene is a major crime, even if the accident was minor. Drivers should pull over to a spot with the least amount of traffic, such as a parking lot.
Next, Arizona law requires that you exchange information with the other involved party. A.R.S 28-663 describes that drivers are required to remit their name, address, vehicle registration number, and driver’s license and provide reasonable assistance if an individual is injured.
Failure to provide this information to the other involved party or an officer can result in a class 3 misdemeanor, which can come with up to 30 days in jail and $500 in fines. Being cooperative can prevent unnecessary criminal charges, even in minor fender benders.
Do I Need to Call the Police for Fender Benders?
Even if the accident is minor, it’s always best to call the police. This is because they can create an independent police report based on the facts of the situation, avoiding false claims. Additionally, if one party is injured, you must immediately call 911, which will dispatch police officers.
Steps to Take Following a Fender Bender
Keep these steps in mind during your next fender bender:
- Safely pull your car over to the side of the road, away from traffic.
- Make sure no one is hurt. If there are injuries, immediately call 911.
- Even if there are no injuries, consider calling 911 for a police officer’s presence and a formal police report.
- Exchange insurance information.
- Take video and pictures of any damage.
- Contact a personal injury lawyer.
Understanding Auto Insurance Laws in Arizona
Arizona is considered an at-fault state when it comes to working out the details of insurance. This means the party responsible for the accident is generally required to pay for damages. If insurance isn’t enough to cover damages, the at-fault party can be sued to recover additional damages.
A.R.S. Sections 28-4135 and 28-4009 require every motor vehicle operating on public roadways to have insurance with a minimum of $25,000 per person in the case of injury or death and $15,000 in the event of injury or destruction of property.
Additionally, Arizona laws also set timeframes for insurance claims. Insurance companies must acknowledge the receipt of a claim within 10 days, investigate the claim within 30 days, and pay an approved claim within 30 days.
Contact a Qualified Attorney
The severity of fender benders can quickly spiral if false claims are made or the other party is severely injured. This is why it’s best to contact a qualified attorney, like our team at TheZlawyer. We can help you navigate what to do after a minor car accident in Arizona.
por Zayed Al-SayyedDoes a Cop Have to Tell You Why They Pulled You Over in Arizona?
Were you recently pulled over in Arizona? Did the officer tell you why? Law enforcement officials don’t need to clearly state the rationale behind pulling you over, leaving you wondering about the legality of your stop. Let’s discuss when a cop has to tell you why they pulled you over in Arizona, your rights, and what you should do when being pulled over.
Does a Cop Have to Tell You Why They Pulled You Over in Arizona?
No, a cop does not have to tell you why they pulled you over, but law enforcement officials cannot pull you over without probable cause. If you take your violation or ticket to court, the cop will be required to share the rationale behind pulling you over. Being stopped unlawfully does happen, which is why many Arizona citizens record police interactions when they can.
Most officers will explain why you are being pulled over to facilitate a smooth process. However, some police officers will ask rhetorical questions. For example, a common question is, “Do you know how fast you were going?” It’s important to respond carefully, but honestly in these situations.
What Are Your Rights When Being Pulled Over?
You have rights when being pulled over in Arizona. First, you have the right to remain silent. You don’t need to answer probing questions, such as where you are traveling to or from. Next, you have the right to refuse a search. Officers can bypass this right if there is clear evidence that you have committed a crime, such as open alcohol in the passenger seat.
You also have the right to a lawyer. If you are detained, you do not need to answer any questions without a lawyer present. Be sure you express your wishes upfront. In addition, you do have the right to remain in your vehicle. If the officer does ask you to step out, it’s best to comply to avoid escalating the situation.
What Should You Do When Being Pulled Over in Arizona?
When you get pulled over by Arizona law enforcement, remain calm and stop your car when it is safe to do so. Be sure you aren’t obstructing traffic and turn on your hazards. Next, roll down your window and keep your hands where the police officer can see them, such as on the steering wheel. Your passengers should abide by the same rules.
Police officers are trained to respond within a moment’s notice, which is why it’s important to avoid any sudden movements. Provide the officer with any requested documents, such as your driver’s license, registration, and proof of insurance. Sometimes, the officer will explain why you are being pulled over. It doesn’t hurt to ask, but don’t be confrontational.
Write down the officer’s badge number if you can and gather witness contact information if you believe you are being unlawfully pulled over. Then, contact a qualified attorney that can walk you through the next steps and legal proceedings.
Summary
Are you wondering why you were pulled over and ticketed? It can be difficult to pinpoint the rationale behind your ticket or arrest without going to court. In these situations, contact our team at The Law Office of Zayed Al-Sayyed right away.
por Zayed Al-SayyedArizona 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.
por Zayed Al-SayyedCan 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.
por Zayed Al-SayyedWhat Happens If I’m at Fault in a Car Accident?
Were you the cause of a car accident? If so, it’s important you understand the implications of being found at fault in Arizona. There are numerous factors that go into determining fault status, including your driving record, the location of the accident, and if anyone was injured.
This blog will outline how Arizona handles fault, what it means if you are found at fault, and the potential consequences.
Is Arizona a Fault-Based State?
Laws surrounding personal injury lawsuits differ between fault and no-fault states. In fault states, the insurer of the person who is liable is responsible for paying damages. On the contrary, in no-fault states, both parties’ insurers can be held responsible for injuries and damages.
Arizona is a fault state, meaning you or your insurance company is responsible for paying out damages if you are found at fault. Bystanders, passengers, animals, and cyclists can all hold you responsible for damages in Arizona.
What Does Being at Fault Mean?
Being at fault means your actions directly contributed to the accident. This could be running a red light, texting while driving, trailing a vehicle too closely, or driving too fast. Even if you played a major role in the car accident, you might not be found 100% at fault. Arizona has a comparative negligence system, assigning a negligence percentage for each party’s involvement.
You will only be held responsible for the amount you contributed to the accident. Let’s say that you rear-ended someone, but their brake lights didn’t work. You aren’t on the hook for the entire liability since both parties contributed to the accident.
What are the Consequences of Being at Fault?
There are additional consequences for being found at fault outside of monetary fines. First, you might lose your license. If a judge found that you were acting carelessly, they could revoke your license. This doesn’t mean you lose your driving rights altogether, but they can be restricted.
Insurance is another consequence of being found at fault. Your insurance carrier might impose higher premiums or drop your coverage altogether. Your driving history is one of the main factors that go into your rate calculation.
The state of Arizona also enforces stiff fines and penalties for at fault drivers. Some car accidents can be classified as felonies, such as driving under the influence and causing bodily harm. Failing to yield, following too closely, and speeding are all punishable offenses with fines and penalties.
Finding a Qualified Arizona Attorney
The good news is that working with a qualified Arizona attorney can help you minimize the consequences associated with being found at fault. The best time to contact an attorney is right after the accident occurred, regardless of if you are at fault or not.
Having someone advocate on your behalf can result in reduced fines, fair comparative negligence percentages, and timely correspondence with regulatory officials.
Our team at The Law Office of Zayed Al-Sayyed is here for you. Contact our team to schedule a consultation today.
por Zayed Al-SayyedWhat Is The Most Dangerous Intersection in Phoenix?
Did you know that 30,000 car accidents occur every year in Phoenix? And that nearly 25% of all fatal crashes in the United States occur at intersections? While it’s true that deadly collisions can occur anywhere at any time, certain intersections have a higher risk than others.
Wondering what is the most dangerous intersection in Phoenix? Today’s blog post has the answer. As Arizona’s premier accident attorneys, our team has helped hundreds of clients negotiate the aftermath of car accidents. Keep reading for our list of Phoenix’s most dangerous intersections.
5 Most Dangerous Intersections in Phoenix
Familiarizing yourself with dangerous intersections can help you avoid accidents down the line. Therefore, Arizona drivers (and pedestrians) should be cautious of the following:
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75th Avenue and Indian School Road
So, what is the most dangerous intersection in Phoenix? Because of its older design, that answer is the intersection of 75th Avenue and Indian School Road. Not only is this intersection located in a highly-trafficked area, but it lacks many of the modern safety features used in intersections. (For example, there are no lagging yellow arrows for left turns, no signals above each line, and no pedestrian walk buttons.)
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99th Avenue and Lower Buckeye Road
Another dangerous intersection is the one located at 99th Avenue and Lower Buckeye Road. This intersection is wider than usual, and it contains a roundabout (which is difficult for some drivers). Additionally, there are ample businesses and housing developments in the area, so it’s heavily frequented by traffic.
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67th Avenue and Indian School Road
The intersection of 67th Avenue and Indian School Road is third-most dangerous in Phoenix. Because it’s located within a dense residential area (of both homes and apartments), it is frequently trafficked. The intersection becomes especially congested during rush hour and around the time school lets out.
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67th Avenue and McDowell Road
Commuters looking to escape are drawn to this area, making the intersection of 67th Avenue and McDowell Road heavily trafficked. Unfortunately, those commuters rarely slow down for residential traffic, which causes quite a few accidents.
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51st Avenue and McDowell Road
The intersection at 51st Avenue and McDowell Road is just south of the interstate, which makes it also prone to commuters. As we mentioned, commuters are often rushing to and from (and they seldom slow down for this area’s residential traffic).
Best Phoenix Car Accident Attorneys
So, what is the most dangerous intersection in Phoenix? Hopefully, today’s blog post gave you an answer. Knowing where (and how) accidents occur can prevent you from getting into one. However, some car accidents are inevitable.
If you or a loved one has gotten into an accident in Phoenix, ZLAWYER can help. Our skilled car accident attorneys are well-versed in Arizona traffic law. Additionally, we know how to successfully combat those sneaky tactics car insurance companies use to devalue claims.
So, if you’re interested in learning what we can do for you, schedule your free, no-obligation consultation today.
por Zayed Al-SayyedHow Long Does an Insurance Company Have to Settle a Claim in Arizona?
If you or a loved one has been in a car accident in Arizona, then you know just how lengthy and tedious the insurance process can be. When you’re waiting for compensation for damages, it can feel as though you have been waiting forever.
So how long does an insurance company have to settle a claim in Arizona? As Phoenix’s top personal injury attorneys, we’re going to reveal everything you need to know in today’s blog post.
The Insurance Timeline in Arizona
After an accident claim has been filed, insurance companies have 40 days to settle it. However, there are additional steps that must be completed before that happens. Check out the Arizona insurance timeline below:
- Within the first 10 days, insurance companies must acknowledge the claim and send the policyholder the associated paperwork (including proof-of-loss forms).
- Over the next 15 days, companies must decide on the claim after reviewing the completed proof-of-loss forms.
- In the following 15 days, companies must make the final payment on the approved claim.
Requirements for Settling a Personal Injury Lawsuit
If you or a loved one has experience with a personal injury lawsuit, then you know that it can take time to settle. Wondering if there’s a way to expedite the process? Here are some measures you can take:
- Gather evidence. After the accident, make sure to take photos and document all details. This will serve as evidence to establish the facts of the case and prove the timeline of events.
- Submit complete information. The insurance company needs all relevant information pertaining to the case in order to make quick decisions.
- Communicate consistently and timely. You should respond promptly to all communications made by the insurance company. This will help the process move forward as quickly as possible. However, it is essential that you run all communications by your personal injury attorney first, as you don’t want to say anything that might jeopardize your case.
Best Personal Injury Attorneys in Phoenix, AZ
So, how long does an insurance company have to settle a claim in Arizona? Hopefully, this blog post was able to provide the answer. However, regardless of the duration, filing an insurance claim can be a long and overbearing process. The best way to ensure you receive the compensation you deserve is to enlist the help of a personal injury attorney.
If you or a loved one is seeking a personal injury attorney in Phoenix, look no further than The Law Office of Zayed Al-Sayyed. Not only are we well-versed in Arizona law, but we’re able to combat the sneaky tactics insurance companies often use in an attempt to devalue your claim.
After suffering from an accident resulting in injury or property damage, the last thing you should worry about is losing compensation at the hands of an insurance company. With our team by our side, you can rest assured that we will fight to get the compensation you deserve. Contact our team today to request your free consultation.
por Zayed Al-SayyedDoes Insurance Follow the Car or the Driver in Arizona?
Is a buddy asking to borrow your car? Planning on loaning your car to a friend? Before you hand over the keys, you should probably ask yourself: does insurance follow the car or the driver in Arizona?
In Arizona, when you let someone else drive your car, you’re essentially loaning them your auto insurance. Want to know what we mean by that? Keep reading, as today’s blog post is going to cover everything you need to know.
The Omnibus Clause
So, does insurance follow the car or the driver in Arizona? Well, thanks to the “omnibus clause,” most auto policies will cover someone else driving your vehicle if they have a valid driver’s license. Usually, this clause applies to family members within your same household and dependent children living away from home. Of course, they must have your permission to drive first.
Under the “omnibus clause,” your insurance company will cover any damages that your friend causes while driving your car. Of course, those damages will only be covered up to your policy’s limits, and you are still responsible for paying the deductible and any additional costs.
What to Look For
Although you are technically covered, there are a couple of things you should confirm before loaning your car to a friend:
- Your insurance policy. Make sure you’re comfortable with your coverage limits. Also, check to make sure your policy covers other drivers of your car.
- Your friend’s driver’s license and insurance policy. Before your friend drives your car, you need to make sure they have a valid driver’s license and insurance policy. If they don’t have insurance and the damages exceed your insurance’s limits, you will be held liable for all remaining costs.
- Your proof of insurance and registration. Your friend needs to be able to locate both within your vehicle.
Additionally, we recommend assessing whether your friend is comfortable driving your car, whether they have experience driving cars like yours, and how long they plan on using it.
Do Insurance Points Follow the Car or Driver?
In Arizona, insurance follows the car. However, the points surcharged for any accidents caused will follow the driver. Regardless of whose car you’re driving, accident points will accumulate on your driving record, which will likely increase your policy rates.
If you have questions, contact your insurance agent to better understand your company’s accident surcharge guidelines.
Best Car Accident Lawyers in Phoenix, AZ
So, does insurance follow the car or the driver in Arizona? As Phoenix’s top-rated car accident attorneys, we can attest that your insurance plan follows your car. However, navigating claims where someone else is the driver can be hard. Working with a skilled personal injury attorney helps to ensure you receive the compensation you deserve.
If you or a loved one is in need of a car accident attorney, look no further than The Law Office of Zayed Al-Sayyed. Utilizing our famous Aggressive Compassionate Representation, we diligently fight for the best outcome for our clients.
Contact our team for your free, no-obligation consultation today.
por Zayed Al-SayyedWho is at Fault in a Rear-End Accident in Arizona?
Are you wondering who is at fault in a rear-end accident in Arizona? Most people would assume that it’s the fault of the driver in back. However, that’s not always the case. While the driver who did the rear-ending is often at fault, the situation is not always so black and white.
As Phoenix’s leading car accident attorneys, we have ample experience helping people navigate their car insurance claims (rear-end accidents included). Therefore, we can attest that either driver could be at fault in a rear-end collision.
Don’t lose compensation because you assume you’re at fault. Instead, keep reading to learn more about the facts surrounding rear-end accidents in Arizona.
What is a Rear-End Collision?
A rear-end accident is exactly what it sounds like. This type of accident occurs when a car fails to slow or stop in time and collides with the car in front of them. Speeding, stop-and-go traffic, distracted driving, and slippery roads are all common causes of rear-end collisions.
Can the Front Car Cause a Rear-End Collision?
Whenever the rear car slams into the front car, most people assume that the front car’s driver is not at fault. However, that’s not necessarily the case. Some rear-end collisions happen as a result of the front driver’s negligence. Here are some examples:
- The front driver suddenly stops (or stops short) in unexpected locations (like traffic lanes)
- The front driver suddenly brakes to make a turn
- The front driver changes lanes and pulls in front of a faster vehicle without signaling
- The driver backs into the front of a car (like in a parking lot or when they pull out too far in an intersection during a stoplight)
- The front car has non-working rear brake lights
- The front car breaks down and remains in an intersection without using its hazard lights or a flare to alert oncoming drivers
- The front driver is “brake checking” to ward off a tailgating driver
Determining Liability in Rear-End Accidents
So, who is at fault in a rear-end accident in Arizona? Well, it depends on the specific situation. Sometimes, the rear driver is at fault because they failed to stop in a timely manner or maintain a reasonably safe distance behind the front car.
Other times, the front driver was acting negligently. That’s why Arizona weighs the fault of both drivers when determining liability in an auto accident.
Best Car Accident Attorneys in Phoenix
If you’re asking yourself who is at fault in a rear-end accident in Arizona, then the legal team at The Law Office of Zayed Al-Sayyed can help. As Phoenix’s finest car accident attorneys, we have helped countless people receive the compensation they deserve.
By employing our famous Aggressive Compassionate Representation, we are confident in our ability to win your compensation. Whether you were the rear or front driver in a rear-end accident, we will diligently fight on your behalf until justice is served.
Ready to get started? Contact our team for your free, no-obligation consultation today.
