If you’ve been injured in a car accident, you may be able to file a lawsuit to seek compensation. In Arizona, as with most personal injury cases, car accident claims center around the concept of negligence. To hold another party responsible, you must prove their negligence directly caused your injuries. In legal terms, negligence has a specific definition that often depends on the unique details of your case.
The Responsibility to Drive Safely
Negligence occurs when a person fails to meet their duty of care. For Arizona drivers, this duty involves operating vehicles responsibly, which includes following traffic laws, staying attentive, and avoiding potential hazards. Examples of negligent actions include running red lights, speeding, or failing to check surroundings when turning or changing lanes. However, what may be considered safe in one context can be dangerous in another.
Uncovering Key Evidence
Since car accidents happen quickly, reconstructing the sequence of events can be challenging. Police reports and witness accounts often provide valuable insights. An attorney can build on this information by conducting further investigations to strengthen your case and uncover additional details.
Liability Beyond the Driver
In some situations, other parties may share responsibility for the accident. For example, improper road signage, debris from construction work, or defective vehicle parts could contribute to the crash. Malfunctioning traffic lights or poorly maintained roads can also play a role. Identifying all liable parties is crucial for securing full compensation.
What Happens If You Share Fault?
Arizona’s comparative fault rules allow you to recover damages even if you are partially at fault. Your compensation will be reduced by the percentage of your fault. For instance, if your damages total $30,000 but you are found 10% responsible, you would receive $27,000. However, if your actions involve recklessness or intentional misconduct, rather than negligence, you may not be eligible for compensation.