Law Office of Christopher W. Caine.

What Are The Common Types Of Auto Accidents That You Handle?

The most common type of auto accidents that we handle are rear-end collisions.

What Are The Top Misconceptions Regarding Auto Accident Claims?

The top misconception regarding auto accident claims is that people think they’re going to get rich after an auto accident in which they’ve been injured. Many people think that because they’ve been in an accident and have been injured, that they are going to get rich.

What Are The Liability Laws In Arizona In Regards To Auto Accidents?

In Arizona, liability can be determined by a statute. If there is a statute that somebody violated, such as running a traffic light and hitting a car or rear-ending someone while they’re stopped at a traffic light or stop sign, the liability in these situations is very clear. The statute was violated, and it’s very easy to argue. Attorneys like situations with very clear liability. Liability in other situations may be less clear cut, depending on the facts. If a statute isn’t involved in an accident, liability may be determined by the facts surrounding the accident.

What Is Pure Comparative Negligence? How Does It Impact An Auto Accident Claim?

Under Arizona’s Comparative Negligence laws, a party (plaintiff) can recover even if they are 99% at fault in an accident. The plaintiff’s money damages are then reduced by the amount in which he or she is at fault. However, a plaintiff cannot recover if he or she caused the injury intentionally or intentionally contributed to the injury. Under Arizona’s Pure Comparative Negligence laws each defendant is only liable for his or her percentage of fault. A plaintiff is still able to recover damages in a pure comparative negligence jurisdiction, even if he or she was at fault in contributing to the accident.

In Arizona, if 2 or more people are both liable for someone’s injury there is a right of contribution, meaning that the responsibility for paying for the plaintiff’s damages are shared among all those responsible for the plaintiff’s injury according to their percentage of fault.

As an example one driver might be 40% responsible in an accident, a 2nd driver might be 30% responsible, and then plaintiff who was injured might be 30% responsible.

If the matters goes to a jury trial, the jury can apportion fault and say, “One defendant driver was 40% responsible, the 2nd defendant driver was 30% responsible and the plaintiff driver that was injured was 30% responsible. We’re going to award $100,000 to the plaintiff who was injured, but since the first defendant driver was 40% responsible, the 2nd defendant driver was 30% responsible and the plaintiff was 30% responsible we will award $70,000 to the plaintiff with the first defendant driver responsible for paying $40,000 of the $70,000 and the 2nd defendant driver responsible for paying $30,000 of the $70,000.

What Is The Statute Of Limitations For Bringing An Auto Accident Claim In Arizona?

Normally, the statute of limitations for bringing an auto accident claim in Arizona is two years from the day an injured party knew or should have known of the injuries.

What Steps Should I Take If I Have Been Injured In An Auto Accident?

If you have been injured in an auto accident, the first step is to gather all the information you can, such as the other driver’s information, including insurance, and the police report, and get all that to your attorney as quickly as possible. We can access the police reports ourselves. If someone is injured badly enough, they should go to the emergency room, urgent care or their primary care provider as soon as possible. They may have a hospital stay following the trip to the ER, Urgent Care or the Primary Care Provider. Once out of the hospital they should go see an attorney. If they’re injured in the accident but they don’t go to the hospital, urgent care or their primary care provider and later they have neck and back pain, they should go see their primary care doctor, the emergency room, or urgent care and let the medical professionals direct them to further medical treatment. The doctors may recommend physical therapy and/or treatment by a chiropractor. Following the visit to the medical professional the injured party should go see an attorney to determine their legal rights. The attorney will gather the medical records and police reports, then consult with the plaintiff regarding the claim.

One thing a party injured in an auto accident should not do is sign anything without consulting with an attorney. In some cases the insurance adjuster for the defendant driver’s insurance company will try to offer the injured party (plaintiff) a little money as compensation for their injuries, then try to get them to sign a release which prevents the injured party from making an additional claim against that insurance company. This practice is never in the best interests of the injured party (plaintiff), but it’s always in the best interests of the insurance company.

For more information on Auto Accident Claims In Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (520) 360-4292 today.

Chris Caine, Esq.

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(520) 389-5634

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