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Car accidents contribute to more personal injuries in Arizona than any other type of accident, with 121,000 car accidents in the year 2021 alone, and increasing traffic since that data became available. Car accidents cause blunt force trauma that may impact various parts of the body, resulting in injuries that can range from mild to catastrophic. Nearly all car accident injuries require medical treatment and recovery time, leading to economic and non-economic damages.
When significant injuries are caused by the negligent acts of someone else, they become even more distressing. In these cases, the person at fault in the car accident owes the injured person compensation for their damages.
While it may be difficult to face the idea of navigating the complex Arizona legal system after a car accident in Chandler or elsewhere in the Phoenix area, it’s more important than ever to take on the challenges in order to gain compensation for the injuries you’ve suffered, typically through the insurance policy held by the liable party. Unfortunately, insurance companies operate on a system that profits only when they pay out less in claims than they take in through premiums. Powerful insurance providers hire adjusters to find reasons to minimize or deny claims.
Our Chandler personal injury attorneys understand how to counteract these tactics. The attorneys at Hastings & Hastings PC passionately defend each client’s right to compensation by crafting compelling cases and negotiating with insurance companies. Contact our Chandler office today for a free evaluation of your car accident case.
The trauma on the human body during a car accident can be substantial and results in a wide variety of injuries, from relatively minor scrapes and bruises to disabling catastrophic injuries. Some common examples of injuries frequently sustained by car accidents include the following:
Once a person suffers a car accident injury due to the fault of another, they typically require medical treatment, hospital stays, surgery, physical therapy, and time away from work while they recover. In the worst accidents, they may end up with disabling injuries. In Arizona, it matters who caused the accident since it is not a no-fault state. The liable party in an accident is responsible for covering damages suffered by any injured victim after an accident, but first, it’s up to the injured person and their attorney to prove liability on the part of the person at fault.
Car accidents can occur for many reasons, but the following are some of the most common causes:
Distracted Driving: This tops the list, and could include texting, adjusting car settings like navigation or music, eating, or even talking to passengers while driving.
Speeding: Another primary cause is drivers who ignore speed limits and lose control of their vehicle, leading to potentially fatal accidents.
Drunk Driving: Impaired driving is a consistent contributor to car accidents, as alcohol and drugs affect a driver’s reaction time and decision-making ability.
Reckless Driving: This includes behaviors like changing lanes without signaling, tailgating other drivers, and just generally not respecting the rights of others on the road.
Weather Conditions: Poor weather conditions like rain, snow, fog, or ice can lead to slippery roads and reduced visibility, which make driving more challenging and pose a potential risk for accidents.
Teenage Drivers: Inexperience combined with overconfidence can be dangerous – young or new drivers may underestimate hazardous situations leading to a higher likelihood of collisions.
Understanding the potential causes of car accidents is critical to making the roads safer for everyone.
Because of the state’s at-fault policy, understanding who caused a car accident is the key to gaining compensation. The insurance company of the party at fault must pay the victim’s damages but they often employ tactics to minimize payouts or deny claims completely. In order to prove liability in a car accident case in an at-fault state, the injured victim must do the following:
Arizona civil courts acknowledge two types of damages in car accident claims—economic and non-economic. When you’ve been injured in an accident, both types of damages can greatly disrupt your life. While compensation in the form of a financial payout won’t erase the accident, it can help you move forward with greater access to medical care and fewer financial worries. Damage compensation typically covers the following:
Both economic and non-economic damages can have devastating impacts on an injured victim, but once the dust settles after an accident, pursuing compensation is an important first step toward recovery. A Chandler car accident attorney can help you take that first step.
In car accident cases, liability often extends beyond just the driver in question. Recognizing all parties potentially responsible is crucial for asserting your rights and receiving fair compensation. Here are several entities you might consider when trying to figure out who may be liable:
Other Drivers: This is fairly self-explanatory – if another driver causes an accident due to negligence or intentional actions, they would bear responsibility.
Employer of Driver: In some cases, where a commercial vehicle like a truck or delivery van caused the accident, responsibility could extend to their employer based on legal doctrines like vicarious liability.
Manufacturer of Car or Parts: If your accident resulted from a malfunctioning auto part (for example, faulty brakes), you might be able to hold the vehicle manufacturer or parts producer liable. This falls under product liability law, where these entities can be held responsible for damages their defective products cause.
Government Entity: Some accidents are caused by issues directly linked back to public entities. For instance, if road conditions such as poor signage or lack of traffic controls led to your collision, then government agencies in charge of maintaining the roadway could bear some responsibility.
In some car accidents, it’s not always so black-and-white to identify the party at fault. As a victim involved in one, you could hold partial liability. This is where the concept of comparative negligence comes into play.
Comparative negligence acknowledges that multiple parties can contribute to an accident and assigns each a percentage of responsibility for the crash. Your level of compensation would then be influenced by your degree of fault.
Arizona has adopted pure comparative negligence, which means you can recover compensation no matter how much at fault you are deemed to be.
However, your ultimate compensation will be reduced by this determined percentage. For example, if you are found 20% responsible for the accident, your award will be reduced by 20%.
“…The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.”
Choosing an attorney with a strong reputation for success in the Chandler area will give you an advantage during negotiations for compensation. An attorney from Hastings & Hastings provides the following services when addressing car accident cases:
You shouldn’t have to tackle the Arizona legal system and powerful insurance companies just when your injuries have left you feeling vulnerable. With the legal team of Hastings & Hastings on your side, you have a powerful voice during every step of the claim process.
In the immediate aftermath of an accident, you may be unable to do anything except remain in place and wait for help. If your injuries are severe you shouldn’t try to move at all; however, if you’re mobile and it is safe to drive, keeping a cool head and taking the following protective steps can help your physical and financial future:
The lawyers at Hastings & Hastings PC know the serious consequences of a car accident and understand the frustration when it happens due to the negligence of someone else. The team of personal injury attorneys at Hastings & Hastings in Chandler is ready to help. Our local reputation of success and thorough investigative skill makes a compelling case when we go into negotiations. Since most cases settle out of court, it’s likely that you won’t need to see a courtroom; however, we are ready to litigate on your behalf if needed. We work on a contingency fee basis and offer free case evaluations so you owe nothing upfront.
Call our Chandler office today so we can begin crafting a strategy for your car accident case.