You can still file a claim to recover damages even if the car accident was partly your fault in Phoenix, AZ. The state of Arizona follows a rule called a pure comparative fault. This means that even if you are 99 percent responsible for the car accident, you can still receive compensation with a successful claim.
Typically, two things are considered when there is more than one person at fault for a collision. The first is to calculate the value of your damage and loss. The second is to determine the percentage of fault for each driver involved in the accident.
Arizona is different than many states due to its use of the pure comparative fault rule—AZ § 12-2505. In states that follow modified comparative fault, if you are found to be more than 50 or 51% (depending on the state) responsible, then you will be unable to receive any compensation for damages.
No matter what percentage you believe you are at fault, talk to a car accident attorney in Phoenix, AZ to understand the best course of action.
How Your Percentage of Fault Will Affect You
If you are found to have contributed to the accident, your percentage of fault will have a directly proportionate effect on the amount of compensation you can recover.
For example, say a driver ran a red light and hit you. You were speeding when you went through the intersection. If you had been driving the speed limit, you may have avoided the accident. You are found to be 10% at fault. You suffered $50,000 in damages. You would be able to recover $45,000 (90% of $50,000).
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How to Recover Damages After a Car Accident in Phoenix, AZ
Arizona is a “fault” state, which means that the at-fault driver or their insurance company will take the financial hit following a car accident. When you have been injured in a car accident and wish to file a claim for damages, your options are:
- Filing a claim with your own insurance company to cover the damage, if you have a personal injury protection policy.
- Filing a third-party claim against the at-fault driver’s insurance company
- Filing a personal injury lawsuit in civil court
Common Recoverable Damages Following a Car Accident in Phoenix, AZ
Even if you share fault for the car accident, the damages you may be able to recover are:
- Medical expenses: If you need ambulance transportation, ER treatment, follow-up doctor appointments, medications, scans, and more
- Lost wages: If you missed work or continue to miss work for any period of time because of the injuries you sustained in a car accident
- Pain and Suffering: If the injuries you sustained are causing you to suffer emotionally and endure physical pain
- Out-of-Pocket Expenses: Many expenses related to the accident could require immediate cash. This can include parking at the hospital or gas to get to and from appointments. Always keep your receipts so a grand total can be calculated.
Even if you share the responsibility of the car accident, you may be able to recover some money to pay for your losses.
It is not a good idea to assume liability. A car accident lawyer can assist you with understanding and evaluating a car accident claim in Phoenix.
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Act Quickly to Avoid Overstepping the Statute of Limitations
Arizona law imposes a two-year time limit to file a lawsuit in a civil court under AZ § 12-542. Most likely, the insurance company will see that a claim is started very quickly following a car accident.
If you do not get the lawsuit filed before the two-year deadline, generally, your chances of getting a court to hear your case are very small.
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How a Car Accident Lawyer at Zanes Law Can Help
We assist countless clients every year in successful car accident claims. Our dedicated car accident lawyers can help by:
- Investigating the car accident
- Reviewing the evidence of the accident including police reports and eyewitness statements
- Working with medical and other professionals to understand and evaluate the extent of your injuries, future care, and lost wages
- Determining the liability of any party involved in the accident based on available evidence
- Contacting the insurance companies for you to negotiate a fair settlement
- Taking a well-prepared case to trial if need be
Our team at Zanes Law includes car accident lawyers that will aggressively defend your right to be compensated for your injuries. Our proven track record of successful cases includes cases that were awarded compensation ranging from hundreds of thousands to millions for our clients. Even if the car accident was partly your fault in Phoenix, AZ, we can still aid you in your case.
For a free consultation to speak with a team member about your options, call us at (602) 999-9999.