What If Both Drivers Got Tickets at the Scene — Does That Hurt My Claim?

In Arizona, being issued a traffic citation after an accident does not automatically bar you from pursuing a personal injury claim. The state’s comparative negligence system allows individuals to seek compensation even if they share some fault in the incident. This means that if both drivers receive tickets, each party’s degree of responsibility will be evaluated to determine the compensation owed.

Understanding Comparative Negligence in Arizona

Arizona follows a pure comparative negligence rule, as outlined in A.R.S. § 12-2505. Under this statute, an injured party can recover damages reduced by their percentage of fault. For example, if you are found to be 30% at fault for an accident, your compensation will be reduced by that amount. This system ensures that even if both drivers are cited, you may still be entitled to recover a portion of your damages.

Recent Case in Phoenix

Consider the case of Pringle v. Mixon (2023), where both parties were involved in a motor vehicle collision. Despite the complexities, the court examined the evidence to determine each party’s degree of fault. This case underscores the importance of a thorough legal evaluation to assess liability and potential compensation.

How Traffic Citations Influence Your Claim

While a traffic ticket can serve as evidence of negligence, it is not conclusive. Courts will consider all aspects of the accident, including witness statements, accident reports, and other relevant evidence. Therefore, even if you receive a citation, it is crucial to consult with experienced personal injury attorneys to evaluate the impact on your claim.

Statute of Limitations

In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident, as per A.R.S. § 12-542. Failing to file within this period can result in losing your right to seek compensation. Prompt action is essential to preserve your legal rights.

What To Do Next

If you’ve been involved in an accident where both drivers received citations, it’s important to seek legal counsel promptly. 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, has extensive experience handling complex personal injury cases. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Contact us today to discuss your situation and explore your options.

For more information on our services, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. Discover why injured Arizonans choose us by visiting this page.

At Hirsch Talcott, we are committed to helping you navigate the complexities of personal injury claims and securing the compensation you deserve.

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.