What Happens to My Claim If I Was Partially Distracted at the Time of the Accident?

In Arizona, being partially distracted during an accident does not bar you from seeking compensation for your injuries. The state’s comparative negligence system allows injured parties to recover damages even if they share some fault, with the compensation reduced by their percentage of fault.

Recent Case in Phoenix

A notable case highlighting the consequences of distracted driving occurred in January 2023. A commercial vehicle driver, Danny G. Tiner, was involved in a fatal collision on Interstate 10 in Chandler, resulting in the deaths of five people. Investigations revealed that Tiner was actively using the TikTok application on his cell phone at the time of the collision. He was traveling at 68 mph in a 55-mph construction zone. Tiner was subsequently sentenced to 22.5 years in prison on five counts of negligent homicide. This case underscores the severe repercussions of distracted driving and the importance of full attention while operating a vehicle. [Source: Arizona Department of Public Safety](https://www.azdps.gov/news/releases/1053)

Arizona Law and Your Rights

Under Arizona Revised Statutes § 12-2505, the state follows a pure comparative negligence rule. This means that an injured party can recover damages even if they are 99% at fault, with their compensation reduced by their degree of fault. For example, if you are found to be 20% at fault for an accident, your total compensation will be reduced by 20%. This system ensures that victims can still receive compensation proportionate to the other party’s fault.

Statute of Limitations

It’s crucial to be aware of the time limits for filing a personal injury claim in Arizona. According to A.R.S. § 12-542, you have two years from the date of the accident to file a lawsuit. Failing to file within this period may result in losing your right to seek compensation.

What To Do Next

If you’ve been involved in an accident where you were partially distracted, it’s essential to consult with experienced personal injury attorneys who can evaluate your case and guide you through the legal process. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for your rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure [here](https://hirschtalcott.com/pricing/).

For more information on our services, visit our [personal injury attorneys](https://hirschtalcott.com/practice-areas/personal-injury/) page. To understand why injured Arizonans choose us, see [why injured Arizonans choose us](https://hirschtalcott.com/why-us/). Additionally, you can read [what our clients say](https://hirschtalcott.com/testimonials/) about their experiences with our firm.

Don’t let partial distraction deter you from seeking the compensation you deserve. Contact Hirsch Talcott at 602-903-6000 for a free consultation today.

Where to get help

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