An unfortunate fact of life is that on Arizona streets and highways, you can be a good driver, obey all traffic laws, practice defensive driving, and still get into a car accident that is not your fault.
If this has happened to you, call Stone Rose Law at (480) 498-8998 to speak with an experienced car accident attorney. Schedule a free consultation with one of our personal injury lawyers, or contact us online.
No matter who is at fault for causing a car accident in Arizona, the steps you should take in the aftermath are standard. Here is what you should do.
If you get into an accident with another vehicle, Arizona laws require you to remain at the accident scene long enough to observe certain legal obligations to the other driver. If you leave the scene without meeting these obligations, you could be charged with a hit-and-run even if the other driver caused the crash.
The Arizona law that requires you to exchange information with the other driver is ARS 28-663. The information you must exchange includes the following:
You should also obtain the other driver’s auto insurance policy information and be prepared to share yours.
Before you engage in this information exchange, if your vehicle is still in condition to be driven, you need to either stop at the scene of the accident or, if it is not practical or safe to do so, stop as close to the scene as you can without blocking traffic or creating a safety hazard.
Do not attempt to move your vehicle if it is disabled in the accident or if someone has been injured. However, you should move it even if someone is injured if it presents a hazard to you, your passengers, or other people on the roadway—assuming that it can be moved safely.
If anyone else is injured because of the accident, the same Arizona statute requires you to render reasonable assistance, including making arrangements to get the injured person to a doctor or hospital.
If you leave the scene of the accident without exchanging information, this is a Class 1 misdemeanor. If you leave without assisting an injured person, this is a Class 6 felony. If you leave a serious injury accident, this is a Class 2 felony.
When you exchange information with the other driver, be sure to examine any documents carefully to ensure they are valid and current. If you can, take a photo of the documents the other driver shows you.
If you have been injured in the accident, then seek medical attention as soon as possible. This is important for reasons that go beyond treating your known injuries:
When you go to the emergency room or other medical office or facility to seek medical treatment, let the medical staff know that you were in a car accident. If you are injured, keep records of your medical treatment, as these will become important in later claim settlement negotiations or in proving your damages in a personal injury lawsuit.
Even when police come to the accident location, there is no guarantee that they will collect all the relevant evidence to show what happened. You can gather valuable evidence after the crash to establish the facts and support your side of the story in settlement negotiations or a personal injury lawsuit.
Here are some specific things you can do to secure evidence after a car accident:
If the police make an accident report, get a copy of it as soon as you can. These reports can include valuable details; insurance companies often require a report if you make a policy claim.
While at the accident scene, call the police as soon as possible and do not leave the scene until a police officer arrives. Arizona law requires you to report the accident to the police if anyone is injured or dies or if significant property damage results. As a general rule, you should call the police in any circumstance so that an officer will come to the place of the accident.
After a police officer arrives, be honest in your answers to questions, but otherwise, try not to volunteer more information than you are asked for. If you believe that the other driver was at fault, do be sure to mention why you believe this is so.
Under Arizona law, a police officer must prepare an accident report within 24 hours if the accident results in bodily injury, death, or property damage valued at more than $2,000. This report will include details such as the date, time, and location of the accident, facts about the accident and who was involved in it, and witness information.
After the accident, report the accident to your auto insurance company as soon as possible. Although Arizona law has no specific time limit within which you should inform your insurer of a car accident, insurance company policies sometimes set their own time limits for insurance claims. If you miss your insurance company’s timeline, it could jeopardize your ability to make a claim.
Also, if you have a personal injury claim against the other driver, your insurance company may want to pick up the right to pursue your claim through a process known as subrogation. Arizona law puts a two-year statute of limitations on personal injury claims, so if you wait so long to inform your insurer of the accident that the statute of limitations becomes an issue, this can cause problems for you.
Success in settlement negotiations after a car accident and personal injury lawsuits depends on proving your claims with evidence. Although testimonial evidence is useful, documentary evidence is better. Therefore, retaining any records you have after the accident and supplementing these documents with your own written notes is important.
Documentary evidence, including your notes, is also helpful to refresh your memory later on. Often, settlement negotiations or a personal injury lawsuit will not occur until weeks or even months after the accident, so having the ability to refer to written evidence is permissible when you are giving testimonial evidence.
The types of documentary evidence you should keep include:
In Arizona, the driver who is at fault for causing a car accident is the at-fault driver.
Generally, the at-fault driver, through that person’s insurance collision coverage limits and available personal assets, will be responsible for paying the costs of your medical expenses and property damage as the driver who is not at fault.
Fault is also important to establish if your accident does not settle and you must file a personal injury lawsuit. In a trial, fault is usually a matter of proving that the other driver’s negligence caused the accident and your injuries.
Deciding who is at fault in a car accident is not a black-and-white process in which one side is totally at fault and the other is blameless. Often, both drivers in a car crash will share at least some degree of responsibility for the accident.
Arizona law recognizes this possibility in assigning fault through its comparative negligence law.
In any case where both sides may have been responsible, a court decision will divide responsibility on a percentage basis and then reduce the damages a successful personal injury plaintiff receives by that person’s percentage of fault.
For example, let’s assume that in a personal injury lawsuit, you, as the plaintiff, successfully prove that the other driver was the at-fault driver, but the other driver is able to demonstrate that you were also partly at fault. The court will assign your contributory fault as a percentage and then reduce your judgment award damages by your percentage of fault.
So, if the other driver is ultimately 80% at fault and you’re 20% at fault, and your judgment award is for $100,000 in damages, then the court will reduce your award to $80,000.
Settlement negotiations will also consider the relative blame of both drivers when determining how much you receive in a settlement against an at-fault driver.
An experienced personal injury attorney, like one of our car accident lawyers at Stone Rose Law, can help you understand the true value of your settlement claims. We will:
If you have become one of the thousands of Arizona drivers to be involved in an auto accident that has caused you personal injury or property damage, call Stone Rose Law at (480) 498-8998 or use our contact form.
