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Wednesday, April 10, 2024


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Whether another party owes you compensation for your crash depends on the regulations in the state where your vehicle accident occurred. After an automobile accident in Phoenix, Arizona, one of the critical concerns you’ll need to address is “Who is liable?” Financial accountability for an individual’s accident-related injuries is referred to as liability. The state’s liability laws govern how insurance companies and civil courts handle auto accident claims.

Arizona uses fault insurance legislation.

Arizona is a fault state, implying that the party at fault for your accident will be responsible for your losses, such as medical expenses, lost wages, and property damage. Under Arizona’s fault insurance legislation, liability for an automobile accident is established using a tort-based method. The person driving or who committed the tort—the wrongdoing—that led to the car accident will be held financially liable. In Phoenix, AZ, a motorist may be responsible for an automobile collision for a variety of various torts:

  • Drunk driving
  • Speeding
  • Recklessness
  • Failing to yield
  • Drowsiness
  • Driver distraction
  • Tailgating
  • Racing etc

The state of Arizona mandates that all drivers maintain minimum levels of automobile insurance to ensure they have enough resources for the costs of an at-fault auto accident. 

A driver must provide evidence that they have $10,000 in property damage coverage plus bodily injury liability coverage of a minimum of $15,000 per person and $30,000 per accident. These minimum levels of coverage should be available to reimburse any damages to the other party in case of an accident.

Establishing liability following a car accident

You or your Phoenix car accident attorney must establish and prove liability before you can receive financial reimbursement from another driver’s insurance policy. You can demonstrate liability with solid proof, including the following:

  • Pictures or recordings
  • Police report 
  • Eyewitness accounts of the collision
  • Medical proof
  • Citations against the other driver
  • Car damage analysis
  • Vehicle collision reconstruction
  • Expert opinion

The police in Arizona, the other driver’s insurance company, your accident lawyer, and your insurance company may all look into the collision to establish who was at fault. A driver, a driver’s employee, a part or vehicle manufacturer, a vehicle owner, or the city for a roadway issue could all be held accountable in a car accident case. Once culpability has been established, your attorney can assist you in taking legal measures against the responsible person to seek just compensation.

What if you share the fault?

Comparative negligence is a possible defense in your Arizona liability claim. This defense claims that the defendant should bear less responsibility for your auto accident because you also played a part in it. Even if 1% of the blame is placed on you, the comparative negligence defense may prevent you from receiving financial compensation in some states. Arizona, however, is a state that uses comparative negligence.

Summing up

In contrast to no-fault states, where all drivers seek rewards from their own insurance companies regardless of culpability, Arizona’s fault system requires the responsible or careless driver to be liable for the victim’s damages.s

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