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How is Fault Proven in Arizona Car Accidents?

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A car accident in Arizona can be a devastating experience with a long and costly aftermath. Sometimes, there can be disputes as to who was at fault for a car accident. If you're involved in a car accident where another driver’s negligence is a primary factor, you have the right to seek financial compensation for injuries and losses incurred. 

Navigating this process on your own can be challenging. It often requires the help of an experienced attorney. A Premier Car Accident Lawyer in Arizona will work tirelessly to investigate your car accident and gather evidence to support your claim. To learn more, contact an Arizona attorney and set up your free consultation.

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There are four important factors that prove fault in a car accident. Each of them must be met to have a viable claim. They include:

  • Duty of care: You’ll have to demonstrate that the other driver owed you a duty of care to follow road rules and drive safely.
  • Breach of duty: Show that the other driver was negligent, such as through speeding, distracted driving, or driving under the influence.
  • Direct causation: Prove that this breach directly caused the car accident and your injuries. This can often be the most challenging aspect to establish and requires evidence.
  • Damages: Finally, you must prove that your injuries and damages resulted directly from the car accident. This can include claims for lost wages, property damage, medical expenses, and other related losses.

Determining fault in a car accident involves gathering key pieces of evidence. That includes: 

The police report

Calling the police is standard procedure at the scene of a car accident. When an officer arrives, they will conduct an initial investigation of the crash scene. The evidence they’ll document includes: 

  • Vehicle positions.
  • Tire marks in the road.
  • Vehicle debris.
  • Damage to surrounding property.
  • Injuries to parties involved.
  • Witness and driver statements.
  • Road conditions.
  • Traffic signs and signals.
  • Citations and/or arrests.

A police report will also contain a sketch or diagram showing how the crash likely occurred. You can obtain this report at the police station or agency that responded to the car accident. You can also find police reports through online portals.

Witness information

Witnesses can provide an unbiased account of your car accident. Since they are not directly involved, their recollections can be more objective than those of the drivers or passengers involved.

Plus, witnesses may notice details that drivers missed. For example, they might see a car running a red light or notice a driver using a phone just before the collision. These details can be crucial in determining fault.

Be sure to get contact information from any witnesses at the scene of a crash. An attorney can later interview them and use their statements to support your claim.

Photos and videos

Taking photos and videos of the crash scene is a great way to document physical evidence. Be sure to capture vehicle damage, vehicle positions, road conditions, traffic signs, and any other relevant evidence.

If there are any witnesses at the crash scene, ask them if they recorded dashcam footage. Also, check the area for surveillance cameras. These can often be found at traffic lights, residential homes, and businesses.

Images and videos immediately taken after a car accident can help support your version of events and provide visual proof to support your claim. This evidence will especially come in handy if the other driver disputes your account.

Crash reconstruction

A car accident lawyer may hire a crash reconstruction expert to examine the crash scene. These experts use scientific methods to reconstruct the accident. They analyze the available evidence, including vehicle positions, damage, skid marks, and environmental factors, to determine how and why the crash occurred.

A reconstructionist can estimate the speeds at which the vehicles were traveling and their movements before, during, and after the collision. Plus, they can determine if any traffic laws were violated, such as running a red light, illegal turning, or failing to yield.

Medical records

Medical records provide concrete evidence of the injuries sustained in a car accident. They document the nature, extent, and severity of these injuries. These records can help establish a causal connection between your car accident and the injuries claimed. This is particularly important when the opposing party disputes that the collision caused your injuries.

Medical records also detail the treatments received, the duration of treatment, and the recovery process. This information demonstrates the impact of the injuries on your life and the associated medical expenses.

Arizona operates under the pure comparative negligence rule. This allows a damaged party to recover compensation after a car accident, even if they are partly at fault. Under this rule, each party's financial eligibility is determined by their percentage of fault in the accident. For example, if you’re found to be 30% responsible for a car accident and the damages amount to $100,000, you can still recover 70% of the damages, which is $70,000. 

This system contrasts with some other states' rules where having more than a certain percentage of fault might bar recovery entirely. In Arizona, however, a party can recover damages regardless of how much they are at fault, even if they’re 99% at fault. However, the recoverable amount decreases as their fault percentage increases.

When you hire a Premier Car Accident Lawyer in Arizona, you can rest assured that they will fight for you every step of the way. An attorney will launch a thorough investigation into your crash and gather evidence to strengthen your claim. 

A Premier Attorney will also deal with the other driver’s insurance company, so they can’t take advantage of you. They’ll handle all communications with insurance companies and negotiate for a settlement offer that covers all of your qualified losses.

Plus, hiring a Premier Attorney is affordable and doesn’t come with any upfront or hidden costs. Our verified Arizona car accident lawyers work on a contingency fee basis, so you don’t pay unless they win your case. Get started on your claim today. Contact an Arizona lawyer for a free, no-obligation, consultation.

Injured? Call Now
Talk to a LAW.COM Premier Attorney today!

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Injured? Speak to a LAW.COM
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