If you’ve been in a car accident, life can change in an instant, with painful injuries, car repairs, missed work, and the stress of fighting with insurance companies. It’s a lot to handle on your own. That’s where we come in.
At Esquire Law, we stand up for crash victims across Phoenix. We’ll handle the legal work, deal with the insurance adjusters, and fight to get you the compensation you deserve.
Call now or schedule your free consultation online. We’re here for you 24/7, ready to help you move forward.
What to Do After a Phoenix Car Accident?
After a car crash, it is crucial to take certain actions to protect your rights and strengthen your personal injury case. Here’s what you should do:
- Contact law enforcement to report the accident and ensure they create an official record. The police report can be valuable evidence for your case.
- Get Medical Attention Immediately: Your health and well-being are the top priority. Even if your injuries seem minor, seek medical attention promptly. Some injuries may not manifest immediately but could be serious.
- Document Any Accident Scene Evidence: Take photos of the accident scene, vehicle damage, and visible injuries. Collect contact information from witnesses who saw the accident happen.
- Call Esquire Law: As soon as possible, reach out to our experienced Phoenix personal injury attorney at Esquire Law. We will guide you through the legal process and fight for your rights.
Once you’ve taken the right steps after a crash, the next important piece is figuring out who’s responsible. Arizona law outlines several ways liability can fall on one or more parties involved in the accident.
Who Is Responsible for an Auto Accident in Phoenix, Arizona?
Determining liability in a car accident is crucial to ensure that the responsible parties are held accountable for their actions. These potential liabilities can help accident victims pursue the appropriate compensation and justice they deserve.
- Drivers Who Are Tired or Fatigued: Fatigue can impair a driver’s ability to concentrate, affecting their reaction time and decision-making skills. Drowsy driving is especially dangerous during long journeys or late at night. If a fatigued driver causes an accident, they may be held liable for the damages.
- Distracted Drivers: In today’s technology-driven world, distracted driving has become a leading cause of car accidents. Drivers who use smartphones, text, adjust GPS devices, or engage in any activity that diverts their attention from the road can cause severe accidents. Proving that a driver was distracted at the time of the accident requires gathering evidence such as phone records or eyewitness accounts.
- Drunk Drivers: Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, coordination, and reaction time. Driving while intoxicated poses a grave danger to everyone on the road. When a drunk driver causes an accident, they can face criminal charges, and victims can pursue compensation through a personal injury claim.
- Reckless Drivers: Reckless driving encompasses a range of dangerous behaviors, such as speeding, aggressive driving, tailgating, and running red lights. These actions put other motorists, pedestrians, and cyclists at risk. If a driver’s reckless behavior leads to an accident, they may be held liable for the resulting damages.
- Drivers Who Are Unaware of the Rules of the Road: Inexperienced or uninformed drivers may not fully understand traffic laws, leading to errors that can cause accidents. These drivers may fail to yield the right-of-way, ignore traffic signs, or make improper lane changes. While unintentional, their negligence can result in severe consequences.
- Negligence by a Third Party: In some car accidents, parties other than the drivers involved may share responsibility. For instance, if a vehicle’s brakes fail due to poor maintenance, the mechanic or repair shop may bear partial responsibility for the accident. Additionally, if a defective auto part contributes to the crash, the manufacturer could be liable.
Arizona’s legal system has specific rules that affect your ability to recover compensation.
What You Need to Know About Arizona’s Car Accident Laws
Car accidents can be overwhelming, but understanding key legal aspects can protect your rights and help you secure fair compensation. Here’s what drivers need to know when navigating the aftermath of a crash.
At-Fault System: Who’s Responsible for Damages?
Arizona operates under an at-fault system. This means the driver responsible for causing the accident is liable for covering the damages. After a crash, drivers must exchange information, report the accident to law enforcement, and file a claim with their insurance provider.
Comparative Negligence: What if You’re Partially at Fault?
Under the comparative negligence rule, you can still seek compensation even if you bear partial responsibility for the accident. However, the amount you recover will be reduced based on the percentage of fault assigned to you. For example, if you’re 20% at fault, your compensation will be reduced by 20%.
Statute of Limitations: Don’t Miss Your Deadline
For personal injury claims stemming from car accidents, Arizona law imposes a two-year statute of limitations. Filing your claim within this window is crucial to preserving your legal rights and seeking compensation.
Uninsured and Underinsured Motorist Coverage: A Safety Net
While uninsured and underinsured motorist coverage isn’t required by law, it’s strongly advised. This type of coverage protects you if the at-fault driver lacks sufficient insurance. Arizona’s minimum coverage requirements include $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage.
Types of Compensation You May Receive from a Car Accident Claim in Phoenix
Being involved in a car accident can have a significant impact on your life, leading to physical, emotional, and financial hardships. Fortunately, if you were injured due to someone else’s negligence, you may be entitled to seek compensation for the damages you have suffered. In a car accident claim in Phoenix, various types of compensation can be pursued to help you recover and move forward.
- Medical Expenses: One of the primary forms of compensation available in a car injury claim is coverage for medical expenses. This includes reimbursement for any medical treatment you have received after the accident, such as hospitalization, surgeries, doctor visits, prescription medications, rehabilitation, and ongoing therapy. Additionally, future medical expenses related to your injuries may also be considered to ensure you receive adequate care and support for your recovery.
- Income Loss: A car accident can result in injuries that may prevent you from working, causing a loss of wages and earning capacity. In a successful car accident claim, you can seek compensation for the income you lost due to the accident. This includes both the wages you missed during your recovery period and any potential future earnings you may have lost due to long-term or permanent disabilities.
- Pain and Suffering: Physical pain and emotional anguish are common consequences of a car accident, and they can significantly affect your quality of life. Compensation for pain and suffering seeks to acknowledge the physical discomfort and emotional distress you have experienced as a result of the accident. Since these damages are not easily quantifiable, an experienced Phoenix car accident attorney will work with you to assess the appropriate amount to claim.
- Loss of Joy of Life: A serious car accident can lead to life-altering injuries that limit your ability to engage in activities you once enjoyed. Loss of Joy of Life compensation aims to address the negative impact the accident has had on your ability to participate in hobbies, sports, social gatherings, and other activities that brought you happiness before the accident.
- Wrongful Death: Tragically, some car accidents result in fatalities. If you lost a loved one in a car accident due to someone else’s negligence, you may be eligible to file a wrongful death claim. Compensation in a wrongful death claim can cover funeral expenses, loss of financial support, loss of companionship, and emotional suffering experienced by surviving family members.
An experienced attorney will assess the specifics of your case, calculate the damages you have suffered, and negotiate with insurance companies or the at-fault party’s legal representation to secure a fair settlement.
Ways that Our Phoenix Auto Accident Attorneys Can Help with Your Case
At Esquire Law, our dedicated team of car accident lawyers in Phoenix will support you throughout your case by:
- Investigating the Cause: Gathering evidence and conducting a thorough investigation to determine the cause of the accident. This includes examining accident reports, witness statements, and any available surveillance footage.
- Retrieving Evidence: Collect crucial evidence that can support your claim, such as medical records, property damage assessments, and expert testimonies.
- Determining Who is at Fault and Liable: Establishing liability is a critical aspect of a car accident claim. Our attorneys will work diligently to determine who was at fault for the accident and hold the responsible party accountable.
- Communicating with Insurance Companies: Negotiating with insurance companies can be challenging. Our experienced attorneys will handle all communications with insurance adjusters to ensure your rights are protected and that you receive a fair settlement.
- Fighting for Fair Compensation: Our ultimate goal is to secure the maximum compensation you deserve for your injuries and damages. We will work tirelessly to recover medical expenses, lost wages, pain and suffering, and other damages you may be entitled to.
- Filing a Personal Injury Lawsuit: If a fair settlement cannot be reached through negotiations, our attorneys are prepared to take your case to court. We will advocate for your rights and fight for your interests in front of a judge and jury.
At Esquire Law, we understand the challenges and stress you face after a car accident. Our experienced attorneys are here to fight for your rights and secure the compensation you deserve. With our track record of success in handling car accident cases in Phoenix, you can trust us to protect your interests.
Experienced Phoenix Car Accident Lawyers Near You
When you need experienced personal injury lawyers in Phoenix, Esquire Law is here to help. We handle a wide range of injury claims and have a strong track record of success. You can book a free consultation by calling (602) 654-2950.
Our office is located at: 4747 N 22nd St, Suite 300, Phoenix, AZ 85016. We’re in the heart of the Biltmore area, near Camelback Road and just minutes from Highway 51. Get Directions to it.
Let us help you take the next step toward the compensation you deserve. Call today to get started.
FAQs
What is the most important thing to do after you’ve been in an accident? The first thing that you should always do is call the police. If they’re not willing to make a report, then you want to make sure that you document everything. Take photos of the vehicles, the insurance cards, the license plates, and the scene. Look around for witnesses—did anyone see the accident who can help you? Are there any cameras nearby where you can collect footage?
After that, the most important thing is to get medical treatment. Even if you don’t feel seriously injured, you should still get checked out. Often, adrenaline masks pain at the scene, and injuries can show up later. Documenting your injuries and symptoms early is one of the most important parts of bringing a successful claim.
A lot of times, when you’re in a car accident, you don’t feel symptoms right away because your adrenaline is running high and you’re nervous and scared. Then later, you go home, and your symptoms start to develop, and they may develop slowly over time.
But the longer you wait to see a doctor, the more likely it is that the insurance company is going to say that something happened between the car accident and the doctor’s visit that caused your injuries. They’re not going to believe that you were just at home, hoping you would get better.
The insurance company is always looking for someone else to blame for your injuries, whether they say it’s pre-existing or caused by something after the accident.
If you don’t go to the doctor right away, document your symptoms, and treat as your doctors tell you to until you feel better, the insurance company is going to argue that the car accident wasn’t the cause of your injuries, and they won’t pay you for them.
Unless you receive a policy limits offer, you should never accept the first settlement offer. Insurance companies live by under-settling your claims. They want to pay you the least amount of money so that they can increase their profits.
That is why we always advise clients never to accept the first settlement offer, and talk with an attorney about your options and what steps to take next. You would be surprised how beneficial it is to hire an attorney and how they could increase that offer from what the insurance company has already presented you with.
Insurance companies offer fast money for one sneaky reason.
What do you do if, after a car accident, the insurance company is all over it? They’ve got someone evaluating your car, they’re offering you a check, maybe $5,000, and they’re ready to pay you right now.
Why do you think they’re so eager to get this done so quickly? They want you to take it and sign away your rights before you have the opportunity to speak with a lawyer.
Don’t fall for that trick.
The biggest red flag from an insurance company:
– You’re not at fault for the accident, and the insurance company tries to blame you? Huge red flag.
– You were in a big accident, and the insurance company tries to get you to sign a document for a small amount of money? Huge red flag.
– You’re trying to make a claim, and the insurance company is giving you the runaround and delaying your claim? Huge red flag.
– Insurance company is trying to get you to sign a release immediately? Huge red flag.
– Insurance company is offering you pennies on the dollar? Huge red flag.
– Insurance adjuster is not returning your calls? Huge red flag.
– Insurance company isn’t answering the phone? Huge red flag.
– Insurance company telling you that you can resolve it with them, and you don’t need representation? Huge red flag.
– Insurance company telling you not to worry about it, and they’ll pay for your medical bills? Huge red flag.
– Insurance company telling you, “Oh, don’t worry about it, just take this money and if you need treatment later, call us back”? Huge red flag.
– Insurance company treating you like a number, not a human being? Huge red flag.
One of the most common questions we get from clients is, what is my case worth? And here’s how we break it down. There’s honestly no way to know what your case is worth at the very beginning. And I generally tell clients—any lawyer that’s giving you a concrete amount or telling you what your case is worth is lying to you. There are so many factors that go into the value of your case.
Those factors include:
Applicable insurance coverage:
– How much coverage is there?
– What are the policy limits?
– Does the person at fault have insurance coverage?
– Does the person at fault have assets?
– Do you have underinsured or uninsured motorist coverage?
That’s the beginning. What also goes into how much your case is worth would be your damages—so the question becomes, what are your injuries? What is it going to take to get you better? And what does your future look like?
Another thing that goes into how much your case is worth is whether or not you have lost wages, pain and suffering. There are so many factors, and there’s no way to know right away the value of your claim. It takes time.
If I am partially at fault for the accident, how does the percentage of fault get calculated? There’s no real formula. It’s really a back-and-forth argument between the insurance company and you or your attorney.
The more evidence your attorney can collect to place blame on the other driver, the less fault percentage will be placed on you. It’s really just kind of a battle.
The only way that fault percentage is truly calculated is if your case goes to trial, and a jury decides the percentage based on the evidence presented.
You were just in a car accident. Who do you think is responsible for paying for your damages? The answer might surprise you. You might think that when you’re in an accident that the only person responsible for paying for your damages is the other driver.
In reality, there are a lot more options that we can look into for you. A lot of people can be responsible for your damages, whether that be:
– The driver
– Another passenger in the vehicle
– The owner of the vehicle, if it’s a different person from the driver
– A company that owns the vehicle
– Your insurance company, if you have the right insurance
– Maintenance workers
– Negligent HOAs
Really, there’s a whole list of possibilities for you, depending on your case, that you can recover money from.
Some people might think that we are just passive on cases. That’s all we do is wait for you to finish with the doctor’s appointments, then tell the insurance company you’re done treating, and get an offer for you. That is not the case at all.
A good personal injury attorney will hire experts to review everything. They’ll be in contact with:
The police department
Any witnesses
Any medical providers
The hospitals
The ambulances
Lawyers want to understand every detail of your case possible. And that does not come without lots of phone calls, lots of hard work, lots of emails, and lots of time. We research all the case law that’s available. We research the conditions of the road. We go to the scene of the accident. We go to the scene of the slip and fall and take pictures, ask people if they saw anything—all for you. You might think that we are only talking a little bit back and forth with the insurance company, but it is so much more than that.