Being involved in a car accident can be a confusing and scary experience, particularly if you or a loved one have sustained any injuries. In the aftermath of a crash, it is crucial that liability be determined so that victims can secure compensation for their injuries, property damage, and other losses. However, determining liability after an Arizona car accident can be complicated. Here, we want to discuss how liability is determined after an accident occurs so that crash victims know what to expect as they move forward with their claim.
Arizona operates under a fault-based system when it comes to vehicle accidents. This means that the person who caused the crash is ultimately responsible for paying for injury and property damage expenses. This differs from “no-fault” states in which drivers turn to their personal insurance carriers for coverage, regardless of who caused the crash.
Many types of evidence can be used to determine fault after an Arizona car accident. In fact, the more evidence that can be gathered, the more complete a picture can be drawn for insurance carriers or juries, if a personal injury trial ends up being necessary. Evidence from the scene of the crash is important. That is why we strongly encourage crash victims, if they are able to safely do so, to do the following immediately following the crash (if they are uninjured and after the scene is deemed safe):
All of this on-scene evidence will play a key role and helping insurance carriers determine who caused the crash. Additionally, we strongly encourage crash victims to work with an Phoenix car accident attorney who can obtain additional evidence. This can include the following:
Even those partially responsible for the crash may still be able to recover compensation for their losses. Arizona operates under a pure comparative negligence system, which means that recovery is possible even if a person is up to 99% responsible for the incident. However, the total amount of compensation a person receives will be reduced based on their percentage of fault.
If you or a loved one have been injured in a vehicle accident caused by the careless or negligent actions of another driver in Arizona, you may need assistance from an attorney. Determining fault in the aftermath of a crash is not always straightforward, but an attorney can use their resources and legal knowledge to conduct a complete investigation, help determine liability, and secure the compensation you are entitled to.