By
Austin Kurtz
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
Whether you’re a Grand Canyon State resident or an out-of-state visitor, knowing how to navigate the complex motor accident laws of Arizona can feel overwhelming; especially if you were injured or damaged your vehicle in a car or motorcycle accident.
In the wake of an automotive collision, you’re probably wondering what policies AZ has in regard to suing for financial compensation to pay for medical or vehicular expenses.
Don’t spend your time sifting through convoluted legislative documents to understand your situation. As an experienced Phoenix motor accident attorney, I did that for you. Here is every notable AZ motor accident law you need to know about.
(P.S. If you were just in a motor accident in the past few minutes, you should contact the police by calling 911. For more specific details on who to contact after an accident, scroll beyond the next section to the FAQs)
If you were involved in a car accident, you need to understand the key auto laws in Arizona (especially if you believe another driver was at fault and you’re owed compensation).
Here are Arizona-specific policies that dictate who was at fault in your car accident and how all parties involved need to proceed:
Arizona has a “fault based system” like most states for car accidents, meaning that if a person was injured or their car was damaged, they are entitled to take legal action against the insurance company or the driver that is at fault.
Common reasons a driver may be found at fault in Arizona include
If the at-fault driver claims the car accident happened as a result of a malfunction like a brake failure, the lawyer filing the lawsuit for the not at-fault drive will still oftentimes process with still file the claim against the at-fault driver. Proving mechanical challenges with a car can be costly and oftentimes outweigh the amount an at-fault driver will owe.
In an instance where the at-fault driver can prove a malfunction, the lawsuit’s focus may shift to a product liability claim against the manufacturer of the vehicle. However, this is difficult and expensive to accomplish, as it is can be challenging to dictate whether the claim is accurate or a means to evade responsibility.
As explained by the American Bar, at-fault drivers are negligent if they fail, “to use reasonable care and as a result of that failure injure you, then the driver is responsible (liable) to you for those injuries.”
If you believe that another driver’s negligence resulted in injuries or damaged your vehicle/property, work with an Arizona car accident attorney to take legal action against the other driver’s insurance company for negligence.
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
A personal injury attorney will assist you in proving the negligence of the other driver in the following ways:
Arizona has comparative negligence laws allowing everyone, including partially at-fault drivers, to pursue legal action for damages and financial compensation related to personal injuries.
Arizona Revised Statutes (ARS) Section 12-2505 have the following policy pertaining to comparative negligence, “The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.”
In layman’s terms, this Arizona car accident policy will reduce the financial compensation you’re entitled to depending on the amount of fault the driver at hand has.
If you believe you were partially at-fault but still had personal injuries, don’t wait to work with an AZ accident attorney to build your case and earn you a payout from the insurance company.
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
AZ motor accident attorneys can help you to seek justice for:
If you had injuries that resulted in a need for medical care for physical appearance altering injuries or internal injuries, you’re entitled to seek damages for the cost of immediate and ongoing medical care.
Those that were disabled as a result of another driver in Arizona can seek legal damages.
If your car was damaged as a result of another driver, you’re entitled to compensation to repair or replace your vehicle. Since Arizona is an at-fault state, this applies for in-state residents and visitors from other states.
Pain as a result of car accidents can be excruciating physically and mentally. If you’re in ongoing pain and/or mental health challenges as a result of a car accident, Arizona attorneys can sue the other driver’s insurance provider for you.
If you’re unable to work as a result of the accident, the plaintiff is responsible for lost wages.
Seeking physical therapy, surgery, etc. for physical injuries and therapy for mental health struggles is a must for your recovery. The at-fault party is legally obligated to cover your rehabilitation after a vehicle accident.
You can pursue legal action if your loved one passed away at the fault of another driver or third-party up to two years after the date they passed away (with exceptions – could be after two years in some circumstances.)
The circumstances of how much you’re entitled to earn is completely dependent on the damages inflicted as a result of a car accident.
Many Arizona car accident lawsuits result in multi-million dollar payouts, even in the form settlements before the case makes it to court.
If you were partially at fault, the amount you’re entitled to earn as a result of personal injury is dependent on the amount of fault the court determines you had (more fault = less payout.)
Arizona state law requires that the operators of motor vehicles must maintain $25,000 to $50,000 for damages to the body as a result of an accident and $15,000 to cover property damage.
Over 10% of drivers in Arizona are reported to not have car insurance. That means you’ll need to follow these steps if the other driver claims they don’t have insurance:
Make sure they’re actually not insured.
Sometimes, they’ll lie about being insured or genuinely not know that they’re covered. Be sure to record the driver’s license plate, as your insurance company should be able to confirm whether or not they have insurance.
If relevant, file a UIM claim
If you opted for uninsured or underinsured motorist (UIM) insurance, this is the time it applies and you can get a payout from your provider if the other driver was at-fault.
Yes, Arizona policy ARS 12-542 gives those involved in a car accident up to two years to pursue legal action in the wake of the accident date or an injury discovery.
That means you have up to two years to sue right after an accident, or an extended time period if you discover a major injury after the fact.
The exact circumstances around these statutes of limitations vary, so you’ll want to work with an Arizona motor accident attorney to confirm you’re eligible to pursue compensation for damages and personal injury.
Like in any state, after making sure that everyone in your vehicle and the other vehicle(s) involved in the accident are safe, you should immediately contact the police.
Police will arrive at the scene and file official reports related to any of the following issues:
These reports will be critical in later pursuing legal action.
Motor accident laws apply to motorcycles as well, meaning Arizona personal injury attorneys can support motorists driving motorcycles OR whose cars were damaged by a motorcycle driver.
You can review the auto accident law section above for detailed information on who’s at fault, statutes of limitation, and accident reporting for Arizona motorcycle accidents or get started with an AZ motorcycle accident attorney today.
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
Our experienced personal injury firm has worked on thousands of cases pertaining to Arizona car accidents. With a deep understanding of AZ’s laws and experience working with victims to understand their damages and what they’re entitled to, we’ll get you the justice and financial compensation you deserve, regardless of where in Arizona the car accident occurred.
Get started today by contacting a Maricopa County auto accident attorney.
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
Since all cities and local municipalities abide by the same AZ state laws, you can work with top Arizona car accident attorneys from anywhere in the state.
That means whether you were in a car accident in Phoenix, Scottsdale, Mesa, Tempe, Sedona, near the Grand Canyon, or in a more rural Arizona community, you can choose the right attorney for you regardless of location.
Our trusted AZ car accident attorneys have years of experience earning victims payouts in the 6-to-7 figure range in Maricopa County and beyond. For help navigating the complex motor vehicle laws of the Grand Canyon State, work with a proven Phoenix personal injury attorney.
Here are the people you need to right after the accident as well as down-the-road.
In the immediate wake of the accident, contact the local police to arrive on scene and report the incident (and call for medical help if bodily injuries were sustained by any drivers involved)
Regardless of whether or not you were at fault, you’ll need to contact your insurance company to determine next steps. You’ll be provided with details about how damages to your vehicle and body will be paid for.
If you believe the insurance company of the at-fault driver isn’t covering things that it should, an attorney will work with you to get compensation from their insurer.
If you were injured, had damage to your property, have ongoing physical or mental health challenges, and/or cannot work, an experienced Arizona car accident attorney with work with you to get the financial compensation you’re entitled to.
Even if you’re unsure you can afford to pay an attorney, AZ motor accident attorneys are often willing to work on contingency to get you justice, meaning you won’t have to pay up front and the attorney will only receive a payout if/when you receive a payout.
Here are the steps it will take to get you financial compensation for injuries sustained in a car accident in Arizona:
If the car accident attorney is working on contingency, you won’t owe them any money until a settlement amount is reached.
More often than not, insurance companies would rather pay out a settlement than go to court if the driver they covered was at fault.
Timeframes can vary as negotiations between the attorney and insurance provider unfold, but it is highly unlikely that you will need to wait for a trial.
Counties like Maricopa as well as municipalities and cities in Arizona defer to the state policies when it comes to car accident lawsuits.
Phoenix’s city code makes no mention of car accident claims for personal injuries, so you can work with a car accident attorney in Phoenix directly or from anywhere else in the state.
A great Arizona car accident law firm carefully selects which lawsuits from the state’s extensive legislative history around motor vehicles pertain to the case.
Key examples of state court cases that impact motor vehicle accidents today in the Grand Canyon State include Morrison v. Acton, Layne v. Hartung, and Law v. Superior Court of Arizona.
Keep in mind, there are thousands of lawsuits related to hyper-specific circumstances your attorney will consider that could set a precedent for the legal circumstances around your auto accident case. These are just a few of the most notable examples.
Key laws that outline the Arizona legislature’s policies related to car accidents include:
This law specifies the circumstances under which you’re allowed to pursue legal action within two years of the accident or time of death/diagnosis of ongoing disability:
This law specifies the specific definition of the Arizona state legislature for comparative negligence:
“A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.
B. In this section, “claimant’s fault” includes the fault imputed or attributed to a claimant by operation of law, if any.”
It’s not always a driver’s fault that an accident happens. Things like potholes, brake failures, etc. occur, you may be able to sue a third party like a local-government, car manufacturer, etc.
An attorney will provide context on who you can sue given the circumstances of your car accident.
The family members of deceased have up to two years to seek financial compensation beyond the date of death of their loved one (with exceptions – contact an attorney with your specific circumstances to confirm your eligibility).
Once you speak with an AZ auto accident law firm and evidence is gathered on your behalf, your attorney will file a claim.
The insurance provider of the other driver will gather evidence of its own and try to mitigate its liability for your damages.
During and beyond the evidence gathering stage, negotiations will continue between the insurance company and your attorney.
In almost all instances, a settlement will be agreed upon before your case reaches court. Negotiations will continue until you and your attorney are happy with the amount that the insurance company agrees to pay out.
In the off chance a settlement cannot be reached, a lawsuit will unfold and you will be compensated if/when the insurer is found liable.
Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-418-6774. Or complete the form below and we’ll connect you directly with him today.
Sources
As a Phoenix personal injury attorney, Austin Kurtz fights for plaintiffs' rights in motor vehicle accidents, wrongful death, product liability, and other accidents caused by the wrongful conduct of others.
