by Zayed Al-Sayyed

Car accident attorney, Personal InjurySeptember 4, 20240 comments

Is AZ a No Fault State?

Arizona is an at-fault state, meaning the individual who is negligent is responsible for paying damages. However, Arizona’s at-fault rules aren’t always clear-cut, as comparative negligence factors into the accident.

In this article, we’ll cover what at-fault means in Arizona and the types of damages you can recover if you’ve been in an accident.

Is AZ a No Fault State?

Like most other states, Arizona is an at-fault state. This means if you suffer an injury due to the negligence of another party, you have the right to file a lawsuit or seek damages through the at-fault party’s insurance company.

Since Arizona is an at-fault state, drivers of motor vehicles are required to have liability coverage on all vehicles operating on state roads. This includes $25,000 of liability coverage per person, $50,000 per accident of more than one individual, and $15,000 to cover property damages.

Although Arizona is very clear on the liability coverage required, some drivers do not take out the proper policies. If you’ve been in an accident with an uninsured driver, you can file a civil lawsuit to recover damages.

Understanding Arizona At-Fault Laws

Arizona at-fault laws require claims to prove four key elements. The first element is duty of care. If the driver did not abide by the traffic laws to protect the safety of other drivers, they did not uphold the proper duty of care.

Next, for at-fault negligence to occur, the driver must have breached their duty of care, making it unsafe for other travelers. The third component is causation. The accident must have been a direct cause of the breach of duty. Finally, damages need to have occurred, which can include physical and financial damages.

If you can prove these four components of negligence, the other driver will be listed as at-fault, giving you the ability to recover damages and pursue lawsuits.

Types of Damages

When involved in an Arizona car accident, damages aren’t limited to just property. In fact, you might be able to claim a variety of damages, regardless of whether you are the at-fault party or not. Here are some of the damages that are available:

• Economic Damages – These damages are generally easy to pinpoint and can include the cost of medical care, the loss of income, property repair, and other expenses, like childcare expenses, if you are the primary provider.
• Non-Economic Damages – These are damages that aren’t necessarily physical and include physical and emotional pain, emotional distress, mental anguish, loss of ability to enjoy life, temporary disability, and permanent disability.
• Punitive Damages – Accidents that are the result of egregious behavior can be imposed punitive damages. This is common when the at-fault party intentionally caused the accident or engaged in unsafe actions.

Keep in mind that many of these damage claims will require going to court. Insurance companies are strict on when damages are paid out. If you believe you are entitled to more compensation or damages, it’s best to contact a qualified attorney who can evaluate your case.

Summary

Were you involved in an accident in Arizona? If so, it’s important you work with an expert who can help you navigate Arizona at-fault laws. Schedule your free consultation with The Law Office of Zayed Al-Sayyed today.