You might think that understanding Arizona car accident laws is complicated, but it doesn’t have to be. Like any other state, filing for a car accident has a statute of limitations that may affect your case strategies and outcomes. Although it may vary from 1 to 6 years, the majority falls within the 2 to 3 year range.
By 2022, Arizona car accident statistics showed that the traffic fatalities in the state had increased for the third straight year in a row. Making it more important for road users to be aware of the state laws related to car accidents, as well as its statute of limitations. This topic will cover Arizona’s liability laws, the damages victims are entitled to, the deadline for filing, and many more. Learn what it means to you, from your rights to your responsibilities in the event of an accident.
Arizona Car Accident Liability Laws
Arizona follows a fault-based system, meaning the person at fault for the accident is responsible for the resulting damages. The state operates under a comparative negligence rule, allowing each party involved in the accident to be assigned a percentage of fault based on their actions.
Arizona’s liability coverage for car accidents is of two primary types:
- Bodily injury liability covers expenses related to medical treatment, lost wages, and other costs incurred due to injuries caused to another person due to the accident you caused.
- Property damage liability covers the cost of repairing or replacing any property that may have been damaged during the accident.
These are just a few key points regarding car accident liability laws. It’s necessary to consult an auto accident lawyer for specific advice based on your situation.
Types of Damages in Arizona
In Arizona, two main categories of damages may be awarded in car accident cases: economic and non-economic.
Economic Damages: These are damages with a clear monetary value, such as medical expenses, property damage, lost wages, and any other financial losses directly related to the accident. They are quantifiable and meant to compensate you for the actual costs incurred due to the accident.
Non-Economic Damages: These are more subjective and cover intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and other non-monetary impacts of the accident. These compensate for the physical and emotional toll the accident has taken on you.
Statute of Limitations for Filing
In Arizona, the statute of limitations for filing a personal injury claim, including those related to car accidents, is generally two years from the accident date. This means you have a limited window of time to file a lawsuit seeking compensation for your injuries and damages. If you fail to file within this timeframe, you may lose your right to seek legal remedies for the harm you have suffered.
Make sure you have enough time to gather evidence, speak with a lawyer and start the legal process to protect your rights and pursue the compensation you deserve.
Comparative Negligence in Arizona
In a ‘pure comparative negligence’ rule, even if you’re partially at fault for an accident, you can still seek compensation for damages. For example, if you’re found to be 20% at fault for a car accident, you can still recover 80% of the damages incurred.
Your percentage of fault will lower your compensation in Arizona. This system allows for a fair assessment of each party’s responsibility for causing the accident. So, keep this law in mind because it directly affects the settlement you can walk away with. Insurance adjusters and legal professionals will also consider comparative negligence when determining the settlement amount. To maximize your potential compensation, gather evidence to support your version of events and minimize any negligence claims against you.
Legal Steps After a Car Accident
The moments following a car accident may require you to take these specific legal steps to protect your interests and ensure a smoother legal process:
- Make sure everyone is safe, and call for medical assistance if needed. Then, contact the police to report the accident and have an official record of the incident.
- Exchange information with the other driver, including names, contact details, insurance information, and license plate numbers.
- Document the scene by taking photos of the vehicles, any visible damages, street signs, and traffic conditions. If there are witnesses, obtain their contact information as well.
- Notify your insurance company promptly, and provide them with accurate information about the accident. Do not admit fault or make any agreements at the scene.
- Seek medical attention even if you don’t feel injured, as some injuries may manifest later. Keep records of all medical treatments and expenses related to the accident.
- Consult a car accident attorney to understand your legal rights and options.
Conclusion
Knowing Arizona car accident laws, the statute of limitations, and your rights and responsibilities can help protect you in a legal dispute after a car accident. Act quickly within the statute of limitations to file a claim and seek compensation for damages. Stay informed, stay safe, and drive responsibly on the roads of Arizona.