And Then It Happens To You… A Car Accident.
An accident victim who was injured in a car accident in Tucson, Arizona describes her experience in this guest post....
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Your car does more than help you get from Point A to Point B. Some cars become secondary storage spaces. Unfortunately, using your car as an auxiliary closet can pose some significant risks to other drivers, passengers, and pedestrians.
Drivers distracted by loose objects in their cars do not pay the road its due diligence. In turn, these drivers can be held liable for any accidents their loose objects cause. Should you have been hit by a driver with loose objects in their car, you have legal options. You can work with a Tucson loose object accident attorney at Zanes Law to request compensation for your losses.
Loose Articles and Dangerous Driving in Arizona
Any driver behind the wheel owes the people around them a duty of care. This duty generally addresses the way a person responds to roadway signs and local laws. For example, drivers who speed can be accused of violating the duty of care they owe to other parties.
Duty of care and loose articles have a more complicated relationship. For example, you cannot be pulled over and charged with a crime if you have groceries in your back seat. However, you may face legal consequences if those loose objects obscure your vision, violate roadway laws, or otherwise compromise your ability to drive.
For a free legal consultation with a loose object accidents lawyer serving Tucson, call 866-499-8989
Address Loose Object Accidents With a Personal Injury Complaint
Car accidents, whether caused by deliberately reckless behavior or a loose object, are considered personal injuries. As such, you can address your losses from a car accident by filing a personal injury complaint.
These complaints allow an area court to understand the circumstances that led to your accident. They also allow you to elaborate on your requested compensation. You can begin to bring a complaint together during your initial case consultation, where you and our loose object accident attorneys in Tucson can discuss:
- Who you believe to be liable for your losses
- The extent of your losses
- Evidence of a loose object in play at the time of the accident
We can refer to case precedent to help bring your concerns before a Tucson judge. That same precedent can help us calculate the financial support to which you may be entitled.
Tucson Loose Object Accident Lawyer Near Me 866-499-8989
Comparative Negligence in Loose Object Accidents
If someone is driving without their belongings appropriately secured, you can likely hold them accountable for your losses in a car accident. That said, the opposing party may try to argue that you, too, contributed to your own losses during an accident.
Fortunately, Arizona operates on a generous understanding of comparative negligence. This statute notes that you can pursue compensation for your losses even if you are accused of contributing 99% of the fault to your accident. However, any compensation you are awarded will be reduced by the percentage of fault it’s claimed you contributed.
For example, loose object accidents may see the defendant take on 80% of the fault for your accident. You, however, may take on an additional 20% of fault if a court believes you did not act reasonably behind the wheel. If you were originally to be awarded $100,000 for your losses, comparative negligence would reduce your compensation to $80,000.
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Personal Injury Liability After a Car Accident
When drafting a loose object complaint, the party liable for your losses is most often going to be another driver. Before you assume that person was at fault for your accident, though, be sure to consider the scene of your collision.
While you may still have a personal injury case on your hands, poorly-maintained roadways or signs may help you name a different liable party. You can hold government officials and construction crews liable for your car accident if the conditions of the road you were on did not allow for safe driving.
Our Tucson, AZ, loose object accident lawyers can recreate your accident and determine whether potholes or someone else’s loose objects actually caused your accident. This way, you’ll file the right kind of car accident complaint against the right party.
Request Comprehensive Compensation for Loose Object Losses
How much is your personal injury case worth after a loose object accident? In general, your requested damages can include:
- Medical care needed to treat your injuries
- Property damage
- Loss of consortium
- Loss of companionship
- Lost opportunities for work or wage
- Wrongful death
Should you find yourself contending with substantial non-economic losses, we can refer to legal precedent to determine their dollar value. You must present this estimate within two years of your accident taking place, as stated by Arizona’s statute of limitations, A.R.S. § 12-542.
Prepare for Settlement Negotiations With an Insurer
Arizona insurers will try to assign fault to a specific party involved in a roadway accident. That’s because Arizona’s roadway policy dictates that one party – the ‘at-fault’ party – bears financial responsibility for the whole of the accident. After assigning fault, an insurance provider or applicable party may come forward to negotiate a settlement with you.
It’s best to bring an estimate of your desired compensation to all your proposed settlement negotiations. If you meet with our team before these negotiations can begin, we can outline why it is you believe certain damages and prevent you from compromising.
Settlement negotiations tend to resolve more quickly than traditional court cases. However, they also come without benefits like punitive damages. You can discuss whether or not negotiations will serve you with a loose object accident lawyer in Tucson, AZ.
Take Your Loose Object Personal Injury Losses to Civil Court
When you think about a loose object lawsuit, you likely think about standing before a judge and arguing your case. This is an option should you wish or need to forgo negotiations. Personal injury trials involve four stages:
- Discovery
- Opening statements
- Witness examination and cross-examination
- Judicial deliberation and verdict
As your representatives, it’s our job to prepare you for each of these stages. We can help you craft your answers to certain questions during discovery. We’ll also work with you to challenge any redirections of fault that may arise during a cross-examination.
Civil court cases regarding loose object damages may take a considerable amount of time to resolve. Fortunately, you can count on our team to keep you up to date on new case developments.
Contact Zanes Law For More Information About Post-Accident Financial Support
A driver’s duty of care requires them to behave reasonably behind the wheel. If a driver has left loose objects throughout their car, they endanger themselves and you. Should you get into an accident with a distracted or reckless driver, though, you can call on a loose object accident lawyer in Tucson.
Zanes Law Injury Lawyers can connect you with the legal representation you need to challenge your roadway losses. You can contact us online or over the phone to discuss what services we can lend to your loose object accident lawsuit.
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