When it comes to car accident liability, Arizona is not a no-fault state. Arizona is considered an “at-fault” state because when a car accident occurs, the driver responsible must cover damages arising from the crash.
The distinction between at-fault and no-fault liability laws can be difficult to figure out on your own. If you’ve recently been in a car accident, it’s important to contact a reliable Arizona car accident attorney right away. The experienced attorneys at Feller & Wendt, LLC™, can help you determine how Arizona’s at-fault liability laws impact your case.
What Does Arizona's 'At-Fault' State Law Mean for Drivers?
In an at-fault state like Arizona, the driver responsible for the accident is legally responsible for covering any damages resulting from the accident. These damages include both economic and non-economic damages.
A driver is liable for an accident if four criteria are met:
- The driver had a duty to keep other parties safe. All drivers owe a duty of care to other drivers and pedestrians to behave safely on the road.
- The driver breached that duty through their conduct. This means that the driver behaved in a way that made other people unsafe, whether intentionally or through negligence.
- The conduct caused the plaintiff’s injuries. This means that either the plaintiff was directly injured by the accident or that something that occurred only because of the accident, such as receiving medical care, resulted in injuries the plaintiff would not have otherwise had.
- The plaintiff suffered damages. The plaintiff must have suffered damages due to the accident, whether through injury, property damage, or other related circumstances. A judge will not award money to a plaintiff who did not sustain any loss in the accident that caused the lawsuit.
What Types of Damages Are Available to Me After a Car Accident in Arizona?
The two primary types of damages are economic and non-economic damages. Economic damages compensate the victim of an accident for financial costs associated with the accident, including medical bills, property damage, and lost wages from time off. Non-economic damages are intended to compensate the victim for losses without clear financial value, such as pain and suffering, loss of enjoyment of life, and loss of income.
In rare cases, a judge may also find a driver liable for punitive damages. Punitive damages are very high damages typically used when the liable driver was reckless or malicious in causing an accident. These damages are intended to be high enough to deter the liable party from hurting other people in the same way in the future.
Proving Fault in an At-Fault State: What Arizona Drivers Need To Know
Given that the at-fault driver is responsible for covering damages in Arizona, proving that you weren’t at fault for your car accident is critical. Disputes over liability can lengthen the time it takes to settle a car accident case.
You’ll need a strong legal case built on significant evidence to prove fault. Evidence commonly used to prove fault includes photos and videos of the scene, forensic information, accident reports, and witness interviews, among other potential options.
Attempting to compile proof of the other driver’s fault by yourself can seem impossible, especially when you’re trying to recover from the injuries you sustained in an accident. Not only is it hard to access key evidence in the first place, but it’s also difficult to know what to look for and what signs indicate the other party’s liability.
It’s best to contact an experienced Arizona car accident attorney for help when trying to prove fault in your car accident claim. Your attorney will be able to help you track down evidence and uncover key facts about your claim to prove that the other driver is legally liable for your injuries.
How Does Comparative Negligence Work in Arizona?
If you were partially at fault for your car accident, the legal principle of comparative negligence will be applied to your claim. Comparative negligence means that if a plaintiff is found partially responsible for their injuries by a judge, they can still recover damages. However, their damages will be decreased by the percentage of the accident for which the judge deemed them liable. For example, if you were awarded $100,000 in damages, but the judge determined that you were 30 percent at fault for your injuries, you would only receive $70,000 in total damages.
Arizona is what’s known as a pure comparative negligence state. This means that no matter the percentage of your injuries a judge finds you liable for, you can still recover compensation reduced by your percentage of fault. Under this principle, even a plaintiff who is 99 percent responsible for their injuries could legally recover damages in Arizona, although their damages would be reduced to 1 percent of what the judge originally deemed appropriate.
If you think that comparative negligence may apply in your case, talking to an Arizona personal injury attorney can help you determine your legal options.
Arizona Car Insurance Requirements
Arizona has specific financial minimum coverage amounts for car insurance under state law. As of July 1, 2020, the minimum coverage amounts are:
- $25,000 for accidental bodily injury or death of one person.
- $50,000 for accidental bodily injury or death of two or more people.
- $15,000 for damage to others’ property.
These minimum amounts are colloquially known as the “25/50/15” coverage limit.
In addition to the required minimum coverage, you can also choose to carry uninsured motorist and underinsured motorist coverage, commonly called UM/UIM coverage. If you choose to carry UM/UIM coverage in addition to other legally required car insurance, it must also meet the $25,000/$50,000 minimum for bodily injury or death.
Contact a Reliable Arizona Car Accident Attorney Today
If you’ve been in a car accident in Arizona, don’t wait to reach out to an attorney. You need an experienced car accident lawyer who understands the ins and outs of Arizona’s at-fault car accident liability laws. At Feller & Wendt, LLC™, we provide an unmatched level of client service while aggressively protecting our clients’ rights at each stage in the legal process. Call (480) 702-2277 or contact us online to schedule a free consultation.
