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Car accidents can be painful and traumatizing. The impact, lingering injuries, and recovery period afterward can all be very difficult to get through. Many are unsure about how to proceed with the legal process. Having comparative fault in Arizona car accident cases explained can clear up an important point about these matters.
These situations are often fiercely contested, both by the drivers involved and their respective legal teams. In many instances, it’s possible that both drivers contributed to the accident in some way. This is where the legal system has discretion to make a decision and impact the resulting settlement accordingly. A skilled Prescott car accident attorney can help you understand this process and even pursue a fairer settlement based on the facts.
Since accidents often result from multiple people’s actions, Arizona uses a comparative fault system. This means that when drivers seek to recover an amount after the crash, their part can be reduced by a percentage equal to their contribution to the accident. This is up to the jury, and can have a major impact on total damages awarded, even in high-damage crashes.
For example, if a driver is found to be responsible for about 25% of the incident, due to some degree of unsafe or illegal actions, their settlement can be reduced by 25%. This method is crucial to understand, because some people mistakenly assume they have no grounds for a car accident case simply because they made a mistake on the road. However, an attorney who knows Arizona car accident laws can help you pursue compensation, since partial fault does not automatically prevent recovery.
Given the importance of comparative fault in Arizona car accident cases, it’s important to consider what could impact your fault percentage. Courts may consider important factors when deciding who is at fault and how much. These could include situations like:
Other factors that may impact liability from the court’s perspective include mechanical failures in the car not caused by the driver, intense weather conditions like rain or wind, and road conditions such as potholes or debris.
Because of the comparative fault system in Arizona, any statement you give to police, the other driver, or insurers could potentially be used against you. While you may have to share initial details when reporting the accident to authorities, it’s important to let a lawyer negotiate with insurers and courts on your behalf so you don’t say something that works against you.
Lawyers can also work to gather evidence of the accident to help prove less fault on your end. This can include accident scene details like photos of vehicle damage and skid marks, police report diagrams or officer observations, and, in some cases, cell phone records showing the other driver’s usage, or repair invoices proving pre-existing mechanical issues.
There were over 121,000 car crashes in Arizona in 2024, and just over 122,000 in 2023. While this represents a slight decrease, there was a sharp increase in traffic fatalities over the course of a decade, going up by 62% from 2014 to 2024. In many of these cases, multiple drivers and factors were considered at fault.
No, a car accident case doesn’t always go to court. When you hire a car accident lawyer, they can sometimes negotiate a settlement with the insurance company. If the case does go to court, your lawyer can stand by you and help you understand how concepts like comparative fault could play a role.
A car accident settlement could include compensation for a variety of damages. These could include injuries and the means needed to treat them, including check-ups, surgeries, medicine, and rehabilitation. Settlements could also include resources for vehicular damages, lost wages if you were unable to work due to injuries, and pain and suffering.
Comparative fault is not designed to help or hurt victims, necessarily. Instead, it was designed to create a more even system of consideration when assessing accidents and the factors responsible for them. While some people hurt in an accident may get a lower payout, this is only if their own actions contributed to the accident.
While you can technically represent yourself in a car accident case, this is not advised. When you hire a skilled lawyer, they can help you avoid the tactics that insurers or opposing lawyers may use to try to fault you to a greater degree than you should be. They can also help you fully assess your damages and convey the details of your experience professionally.
A car accident can leave you hurt, in debt, and unsure about the future. But if you’re feeling unsure about the legal ramifications of your case, The Kaiser Law Group can help. Our talented team has extensive experience supporting Arizona residents, so we can provide guidance on accident-related laws and potential cases.
While every case is different, we bring the same sense of dedication to every client who seeks our help. One look at our many positive reviews shows that past clients appreciate our diligence, and we’re ready to bring that same professionalism to any case we take in the future. To learn more, contact us today.
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Flagstaff, AZ 86001
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