Fault is typically determined in a car accident in Tucson, AZ, based on the nature of the collision, the statements provided by a witness, and the evidence shown in the police reports. The at-fault party’s insurance provider will then be responsible for providing compensation to cover damages caused by the accident.
According to Arizona law (12-2505), a pure comparative fault rule applies to car accidents, personal injury, and property damage claims that follow an accident. This principle simply means that in a case where multiple parties are found to have caused the accident, the fault will be divided up based on the evidence available.
The pure comparative fault rule in Arizona means that you could be up to 99% responsible for the accident and may still be able to recover damages in a claim. This is different than many other states that follow a modified comparative fault rule, which does not allow damages to be claimed if a driver is more than 50% at fault.
Potential Options After a Car Accident in Tucson, AZ
Even if you share the responsibility for the car accident, you still have options for recovering compensation. You can:
- File a third-party claim against the at-fault driver’s insurance company.
- File a claim with your insurance provider if you have the right coverage. Usually, if you are at-fault for an accident, you would need the proper personal injury protection and collision coverage.
- File a personal injury lawsuit and pursue damages in civil court.
Because Arizona is a fault state, the driver who is responsible for the accident will be held accountable for the damage and loss that occurs.
According to the Arizona Department of Transportation, there are car insurance minimums that are required by Arizona state law. These minimum-coverage requirements are meant to pay for bodily injury, death, and property damage caused by the at-fault driver. It is important to note that this minimum coverage does not cover your injury or property damage if you were found to be at fault.
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Recoverable Damages After a Car Accident in Tucson, AZ
When you have sustained injuries in a car accident, the damages you can pursue compensation for include:
- Medical bills
- Future medical care
- Lost wages
- Lost opportunity at work
- Pain and suffering
- Mental anguish
- Out-of-pocket expenses related to the accident
Depending on the nature of your injuries, the amount you can recover for these damages can vary. According to the pure comparative fault rule, if you are partially at-fault for the car accident, you can still recover a percentage of the overall value of your claim. For example, if your claim is worth $200,000 and you are found to be 50% at-fault, the total value will be reduced to $100,000.
It is never a good idea to assume who is liable for the accident. A car accident attorney in Tucson can help you understand your options.
Arizona Laws That Could Impact a Personal Injury Case
Motor vehicle accidents, including cars, trucks, and motorcycles, that cause injuries typically fall under the category of personal injury.
Arizona’s statute of limitations (12-542) states that you must file a lawsuit against the liable party within two years of the accident. The statute of limitations does not apply to car insurance claims. The standard operating procedure for the insurance company is to see a claim started within a matter of days after an accident.
Unlike some states that either require or have optional no-fault insurance coverage, allowing an individual to file a claim for damages with their insurance provider first, Arizona follows a fault-based system. This means that the person who is responsible for the accident will also be responsible for paying the damage incurred, including medical bills, lost wages, and property damage.
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Working with a Car Accident Lawyer
When you are considering filing a personal injury lawsuit to pursue damages against another party, a car accident lawyer can help you by:
- Providing a free consultation to evaluate your claim and guide you toward the most appropriate legal action
- Offering 24/7 support during the process
- Collecting and reviewing evidence, including eyewitness statements and police reports from the car accident
- Establishing the liability of each party involved in the accident
- Working with a financial and medical professional to understand the extent of your current and future damages and losses
- Contacting and negotiating with the insurance companies to reach a fair settlement without the need to go to trial
- Take a well-prepared case to trial if an agreeable settlement cannot be reached outside of the courtroom
At Zanes Law, our team is committed to pursuing damages for our clients’ injuries, and we are proud of the results we have achieved in car accident cases like yours.
If you have questions about how fault is determined in a Tucson, AZ, car accident, call Zanes Law at (866) 499-8989 for a free, no-risk consultation. You can even sign up with us in the same call. If necessary, we can meet with you at home or in the hospital. Our lawyers work on a contingency basis, so we do not collect a fee unless we win money for you.