How Is Fault Determined After a Car Accident?

Determining fault after a car accident is crucial, as it directly impacts who is responsible for damages and injuries. In Arizona, this process involves a thorough examination of various forms of evidence and an understanding of state-specific laws.

Evidence Collection

Immediately after an accident, collecting evidence is essential. This includes:

• Police Reports: Officers at the scene document their observations, which can provide an objective account of the incident.
• Witness Statements: Testimonies from bystanders can offer additional perspectives on how the accident occurred.
• Photographs and Videos: Visual evidence of the scene, vehicle positions, and damages can be invaluable.
• Traffic Camera Footage: In urban areas like Phoenix, traffic cameras may have captured the incident.

Arizona’s Fault-Based System

Arizona operates under a fault-based system, meaning the driver responsible for causing the accident is liable for the resulting damages. This system contrasts with no-fault states, where each party’s insurance covers their own damages regardless of fault.

Pure Comparative Negligence

Arizona follows a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, you can recover 70% of the total damages.

Role of Traffic Laws

Violations of traffic laws play a significant role in determining fault. Actions such as speeding, running red lights, or failing to yield can indicate negligence. For instance, if a driver runs a red light and causes an accident, they are likely to be found at fault.

Insurance Companies’ Role

Insurance companies conduct their own investigations to determine fault. They review the collected evidence, assess damages, and may assign adjusters to evaluate the scene. Their findings influence settlement offers and liability determinations.

Legal Assistance

Given the complexities involved in determining fault, especially under Arizona’s comparative negligence system, consulting with a legal professional is advisable. An experienced attorney can help gather evidence, negotiate with insurance companies, and advocate for fair compensation.

For personalized assistance and to ensure your rights are protected, contact Hirsch Talcott at 602-903-6000 for a free consultation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix car accident lawyer to understand your options.