Being rear-ended on the road can be a jarring experience, not to mention a potentially painful one in physical, financial, and even psychological ways. Unfortunately, if you were hurt severely enough to need professional medical care in a wreck like this, you may have a much tougher time seeking financial restitution for your injuries than you would expect, especially if you try to file suit by yourself.
Rear-end car accidents in Gilbert are exactly what an experienced auto accident attorney from Phillips Law Group is equipped to handle. We have been locally owned and operated in the Phoenix metro area for more than 30 years, and we have extensive experience with getting favorable case results on behalf of people like you.
While it is true that the rearmost driver is usually to blame for rear-end car crashes in Gilbert and elsewhere in the Grand Canyon State, that does not mean courts — let alone insurance companies — will just assume that is the case for every rear-end wreck. Any injured person who wants to recover financially for losses caused by this sort of incident must still prove that the “defendant” they are suing directly caused their injuries through a specific reckless or careless act, such as speeding or texting while driving.
They may also need to establish that they themselves were not negligent in any way which contributed to causing their accident—for instance, by suddenly swerving into the path of a driver approaching them from behind. Otherwise, they may be subject to having their final settlement or damage award reduced in proportion to their assigned share of comparative fault for their injuries, in accordance with Arizona Revised Statutes §12-2505.
Another legal obstacle worth knowing about before starting any kind of lawsuit over a Gilbert rear-end auto accident is the statute of limitations codified in A.R.S. §12-542. Under this section of state law, no person who sustains a personal injury through someone else’s negligence can file suit against that negligent person more than two years after their injury actually occurred, with very few exceptions reserved only for unique situations.
This law is supposed to protect both injured people and prospective defendants by ensuring that relevant evidence is still available when a case begins while also preventing the threat of a possible lawsuit from looming indefinitely over someone’s head. In practice, however, this deadline can be a big problem for crash victims who are not intimately familiar with how to efficiently build and file a civil lawsuit — something which legal counsel can provide vital assistance with.
Even though traffic collisions are among the most common causes of accidental injuries in Arizona and across the United States, successfully filing suit over one is rarely simple or straightforward. This is even the case for incidents like rear-end wrecks, where, to the average person, it might seem obvious that one person is to blame for the wreck while the injured person filing suit is not at all at fault.
If you are dealing with the effects of a rear-end car accident in Gilbert right now, retaining an attorney from Phillips Law Group who is unafraid to go to trial on your behalf should be your number one priority. Call today for a consultation.
We can walk you through your legal options after experiencing any rear-end car accidents in Gilbert. Call 602-222-2222 now to learn more.
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