Accidents happen every day on I-10, the 17, and the 101. But understanding how Phoenix police determine fault in a car accident can be confusing to most motorists who frequent these congested Arizona roadways.
When law enforcement arrives on scene, they actually do not have the final legal authority to determine who is liable. However, they do gather the evidence that insurance companies and the court use to make that decision.
Police officers are charged with the duty to compile an official report based on their on-scene investigation. At the site of the crash, they will document the accident and make preliminary conclusions by gathering evidence. This process typically starts with interviewing drivers, passengers, and eyewitnesses. Then, law enforcement will document physical evidence, such as the final position of the vehicles, as well as debris (glass and/or car parts) and skid marks. The weather, lighting, time of day, and functionality of traffic signals are also noted.
If the officer believes a traffic law was violated after completing their investigation, such as speeding, failure to yield, or running a red light, they may issue a traffic citation. But that does not always mean the person receiving the ticket is automatically at fault for an accident. Arizona Revised Statutes (A.R.S.) § 12-2209 specifically states that a civil traffic conviction is not admissible to prove negligence in a related civil lawsuit. While a ticket does show that one driver violated a traffic law, it does not mean they caused the accident.
Arizona operates under a “pure comparative negligence” system and more than one driver can be at fault for an accident. It also means that you can still recover damages even if you are determined to be 99 percent at fault for the collision. However, the amount of compensation you can legally recover is reduced by your percentage of liability.
Understanding how police determine fault in a car accident is confusing for most motorists, and you are not alone. If you do not agree with the insurance company’s determination, you need strong legal guidance. With offices across the state of Arizona, you know there is a Phillips Law Group location near you.
We have served our local community for more than 30 years with understanding and compassion, but that does not mean we are afraid to litigate when we are unable to negotiate a fair settlement on your behalf. Do not let unfamiliarity prevent you from recovering your damages. Start now by setting up your free, no obligation consultation with a team member.
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