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You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions by car accident victims in the city of Phoenix.
Unfortunately, yes. In 2020, Arizona had 967 fatal car crashes, which placed it among the top 10 states in the country that year, according to the Insurance Institute for Highway Safety.
Phoenix is its most populous city, so a number of these accidents occurred there.
Technically, no. If you wish to pursue a personal injury claim, you do not need legal assistance. However, an experienced law firm will be able to offer a lot of help with an often arduous and complicated situation.
This answer varies depending on the severity of the accident or any injuries involved, as well as who was named a liable party.
An experienced car accident lawyer can help you determine what a fair settlement would be in your specific case.
Arizona has a statute of limitations of two years for car accidents. That means you’ll have that long to officially file your personal injury claim.
If you or a loved one have suffered property damage, personal injury, or worse in a motor vehicle accident while in the Phoenix metropolitan area, there are a number of highly rated car accident attorneys who can help you reach a fair settlement.
The Phoenix metropolitan area saw more than 10 billion motorist miles in 2020, the state numbers indicate.
With residents spending so much time on the road, it’s only natural for accidents to happen. But an auto accident can be a devastating event, for all involved.
Still, if you’ve been involved or injured in a car accident, Phoenix car accident attorneys can help you seek the compensation you deserve.
Fault is a strict legal term in car accident law, meant to define the person or parties who must be held legally responsible for a car accident.
When deciding who is at fault in a car accident, there are a number of “levels” that can be assigned, including:
Generally, these terms are assigned based on how intentional the actions leading up to the crash were.
They can also help a judge, jury, or personal injury lawyer determine how severe the consequences were, and the amount of damages that can be pursued.
Sometimes, the at-fault driver is liable in these cases, but an experienced auto accident attorney will consider a number of other parties who could play a part.
Of course, drivers who were careless or partake in dangerous behavior are likely to be assigned fault, especially when there are injured parties as a result of the accident.
But sometimes, auto manufacturers can also be held liable. This is especially the case when car accident claims involve malfunctioning vehicle equipment.
And even government bodies, including local or state governments or the Arizona Department of Transportation, can be involved. Generally, these parties are held liable when unsafe roadway conditions play a part in an accident.
Who is determined liable is important to insurance companies, as well, since these parties are responsible for paying any damages connected to the case.
Car accident victims in Arizona have a number of legal options they can pursue after a crash.
Most frequently, people involved in a car crash will file a personal injury claim. An experienced law firm can help facilitate this process, by helping you gather the appropriate evidence and file the correct paperwork.
The purpose of these claims are generally to negotiate a settlement. Your law office will use your insurance information as well as any medical bills or costs related to property damage to argue for a fair payment from the liable party.
If the law offices fail to reach a settlement, you also have the option to bring your case to court. This will force all parties involved to testify in front of a judge or jury.
A free consultation with a personal injury attorney will help provide the legal advice you need to determine your best course of action.
Regardless of which legal avenue you choose, there will be a number of important steps to take after your car accident.
This covers a lot of ground, but is important in helping build your case.
Details could include any documentation related to the crash, or any subsequent medical treatments or vehicle repairs you needed, such as:
A knowledgeable car accident lawyer will help ensure you gather all the documents you need.
While legal representation is not required in these cases, it’s highly recommended. Car accident cases — especially when property damage or injury is involved — can be emotionally exhausting and legally confusing.
But a seasoned attorney will have years of experience on their side, and be able to ensure your case proceeds as smoothly as it possibly can.
This is the main option people think of after getting involved in an accident, but it requires you to first gather all the evidence and determine the details of your case.
This technical procedure involves the official filing of paperwork, and notifying all parties involved that a claim has been made, and that they are expected to respond.
Generally, car accident cases will settle out of court, as lawyers on both sides are typically able to reach reasonable financial agreements rather quickly.
Sometimes, however, attorneys or their clients will fail to see eye-to-eye. If this happens, you have the chance to bring your claim to court, where the verdicts are returned by a judge or sometimes a jury.
Any financial compensation you receive as a result of a personal injury case is referred to as damages.
These payments are intended to cover any costs you may have incurred as a result of your accident, whether they be financial, physical, or emotional.
One of the most common types of damages to calculate in these cases are medical costs. They can include medical treatments and related costs as a result of the crash, such as:
If you were injured after a car accident and were unable to return to work right away, you may also be eligible to receive damages for lost wages.
These can include any salary you may have missed out on, as well as bonuses or promotions you may have been passed over during this time.
If you were unable to return to your job or the same line of work because of injuries sustained in a crash, you may be entitled to compensation.
Pain and suffering is subjective. But this type of damage attempts to compensate you for some of the worst aspects of being involved in a car accident, including:
Car accidents have the capacity to be tragic occasions. And in the case of fatalities suffered in a crash, you may be able to seek compensation for wrongful death.
These damages cover costs related to:
Unfortunately, it’s not uncommon for a Phoenix auto accident to lead to serious injuries.
Often, accident victims will require medical attention, for injuries such as:
Every state has a number of different laws in place that dictate how certain cases are handled in court.
Your legal team should understand the nuances of Arizona insurance claims and injury laws, but these are some of the biggest statewide mandates likely to impact your case.
Arizona is considered an at-fault state. This means whoever is deemed responsible for causing the car accident is ultimately held responsible for paying any damages.
Comparatively, other states have no-fault laws, in which case everyone’s insurance policies cover their own actions.
Arizona also utilizes a legal practice called comparative negligence.
In these states, the behaviors of all parties involved in a car accident are taken into account. Liability can then be assigned to a number of different parties.
It’s even possible for you to be found partially at fault in your own case.
Regardless, comparable negligence usually impacts the amount of damages you’re ultimately rewarded.
Every state has a different statute of limitations — or time period you have to file a personal injury claim after the crash.
In Arizona, the statute of limitations for car accidents is two years, meaning injury victims have that long after an accident occurs to file their claim.
Car accidents happen in and around Phoenix all the time, for a number of reasons:
Pedestrians, bicyclists, and other users of the road can also play a part in accidents. Usually, it’s unforeseen circumstances that ultimately lead to an accident.
Due to the number of interstate highways, crowded urban areas, and highly trafficked trucking routes in Arizona, it’s not uncommon for car accidents to occur in and around the Phoenix area.
In 2021, the state recorded 121,345 total car crashes, according to ADOT. Tragically, 1,063 of those accidents were fatal.
Rear-end accidents during the daytime were by far the most common type of crash. But left-hand turns and side-swipes also added a large amount to the total damage done.
Car accidents are terrible situations, but an experienced legal team can help.
A reputable Phoenix car accident lawyer can provide appropriate legal services and advice about personal injury law that will allow you to build the strongest case possible.
With LegalFinders, you can schedule a free case evaluation with a Phoenix area attorney and get started on your case today.
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Published: 4 November 2022
Arizona Department of Transportation (ADOT) — Arizona Crash Facts 2021
Arizona Department of Transportation (ADOT) — Fast Facts from ADOT
Arizona Department of Transportation (ADOT) — Report: Arizonans drove almost 67 billion miles in 2016, up 2.8 percent
Insurance Institute for Highway Safety (IIHS) — Fatality Facts 2020
