A crucial element of winning your car accident or personal injury case is knowing how fault affects the amount of compensation you may receive. Some states do not allow plaintiffs to recover anything if they were even 1% responsible for an accident.
Thankfully, Arizona does not follow that standard. However, that doesn’t mean you are guaranteed to recover compensation if you have a valid case. A skilled attorney will be your greatest asset, but it helps to understand certain Arizona car accident laws. Keep reading for more context on fault in Arizona personal injury and car accident cases.
No, Arizona is not a no-fault state when it comes to car accident claims. Arizona is classified as an at-fault state, which means the insurance policy (or policies) held by the at-fault driver bears financial liability for harm or losses incurred by other drivers. At-fault drivers who do not have insurance may be forced to pay out-of-pocket for the other driver’s damages after a car accident.
The primary difference between no-fault states and at-fault states lies in the post-accident insurance claims process. More specifically, the type of system determines which insurance provider you’ll eventually file a claim with after an accident.
No-fault states require drivers to carry PIP (personal injury protection) insurance. If a driver in a no-fault state gets into a car accident, their own PIP insurance policy will reimburse them for medical bills and lost wages—regardless of which driver actually caused the accident. The no-fault system aims to reduce the need for litigation after car accidents.
Like most states, Arizona uses an at-fault system for personal injury law. The driver who bears primary responsibility for an accident must use their liability insurance policy (required by state law) to reimburse the other driver for damages.
Damages resulting from an Arizona car accident may include:
Determining which driver is at fault for an Arizona car accident is critical for insurance claims and, if necessary, lawsuits. You and your legal counsel will need to consider a variety of factors to arrive at a conclusion.
Licensed drivers in Arizona have a legal obligation, or duty of care, to follow the rules of the road and act in a reasonable manner in order to prevent accidents. Most car accidents result from some type of negligence on the part of the at-fault driver. You may be able to show that another driver was acting negligently if they were not exercising reasonable care while driving their car and, as a result, you incurred damages.
You might be able to show that the at-fault driver clearly violated Arizona law in the run-up to the accident. If you can show that the other driver violated a particular safety law, you may be able to prove statutory negligence. For example, if they were going above the speed limit, it would be easier to prove fault. That might make it easier to determine fault during the claims process, as the law violation itself is proof of negligence.
Arizona uses a pure comparative negligence system for personal injury cases. In pure comparative negligence states, claimants or plaintiffs can still recover compensation from the other party if they were partially at fault for an accident. For example, if you were 30% at fault and suffered $20,000 in total damages, you would be awarded $14,000 which is 30% or $6,000 less than your total damages. Theoretically, you could still recover compensation if you hold more than 50% responsibility for an accident, but the usefulness of filing a claim or lawsuit may not be worth it. Your attorney can advise you on the best way forward in these circumstances.
To show that the at-fault driver was being negligent, you’re going to need evidence. Some pieces of evidence that may support your car accident claim include:
The most recent comprehensive data on Arizona car accidents is from 2023. In those 12 months:
You can reduce the risk of getting into a serious car accident by driving the speed limit, stopping completely at stop signs, following the cars in front of you at safe distances, using turn signals, and wearing your seat belt.
One of the most important things to keep in mind after a car accident is the statute of limitations for filing a lawsuit. The statute of limitations is the period of time in which plaintiffs are allowed to start legal proceedings in court.
The statute of limitations for car accident lawsuits in Arizona is two years. That means drivers have two years from the date of the accident to file a lawsuit. Some notable exceptions exist, however:
Arizona drivers have a few legal obligations to satisfy after a car accident. Additionally, there are a few actions they should take to maximize their chances of success with a claim or lawsuit.
After a car accident, you should:
In the aftermath of a car accident, avoid making statements that may be interpreted as admitting fault. Stick to sharing the basic insurance and contact information. The responding police officer should write a report within 24 hours.
If you were involved in a car accident, your insurance company needs to know. You should contact your provider within a week (or sooner, if possible). You’ll need to provide some information about the accident, including any evidence that may support your claim.
An insurance adjuster will investigate the accident to determine the validity of your claim. If all goes well, you will get the compensation you deserve. Sometimes, however, you may need to negotiate to get a fair payout. Having a lawyer with experience negotiating and communicating with insurance companies is important.
The main purpose of compensation after a car accident is to make the victim whole. One way the law achieves this is to try and restore the victim’s finances to the levels they were at prior to the accident. They might need to get money for:
Arizona car accidents can result in a wide array of physical injuries. Common ones include:
Most people have little experience, if any, navigating car accident claims or lawsuits. The claims process may be challenging and deceiving, even if it appears straightforward on the surface. You should contact an attorney to make sure you get the compensation you deserve.
A skilled Arizona car accident attorney can help you:
Legal proceedings can be incredibly complex; representing yourself in court is extremely risky and much more likely to end without you getting the money you deserve.
Thompson Law has a long track record of recovering money for clients who have suffered injuries due to the negligent actions of somebody else. We can represent you at any step of the claims process, from communicating with your insurance company to taking your case all the way through trial. Our contingency fee structure means you only pay us if we win—no upfront costs.
We understand what you’re going through and what you’re up against. Contact us today to set up a free initial consultation with our team.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
