A rear-end collision can leave someone with thousands of dollars in medical bills, lost income, and vehicle repairs. If this has happened to you, you are likely concerned about how to cover the cost of these unexpected expenses.
Car accident victims may be able to file a claim and recover money through the insurance company. In situations where the insurance company does not cover your losses, it may be necessary to sue the at-fault party.
An experienced car accident attorney with Phillips Law Group can investigate your case, offer legal advice, and help you pursue your best option to recover compensation after a rear-end car accident in Phoenix, AZ. Schedule a free, no-obligation case review today.
Rear-end collisions are one of the most common types of car accidents that drivers get involved in. Typically, when two drivers are in a rear-end collision, the driver behind is the one responsible for the accident.
However, there are some exceptions where the front driver or another driver is to blame for the collision. For example, if the lead car’s brake lights were not working or the driver was under the influence of alcohol, he or she could be to blame for the accident. In Arizona, the driver who caused the accident is liable for damages.
All drivers have a duty of care to drive responsibly. This includes maintaining a safe following distance to allow for sudden braking. Unfortunately, many drivers do not take seriously the obligation to drive responsibly. For this reason, driver error is the most common cause of rear-end collisions.
Common driver errors that result in rear-end accidents in Phoenix, AZ include:
After being involved in a rear-end collision in Phoenix, AZ, your first option for recovering compensation should be with the insurance company. If you are unable to recover fair or sufficient compensation through the insurance company, you may choose to sue the driver or another at-fault party.
Which insurance company you file a claim with will depend on who is to blame for the accident and whether you live in a fault or no-fault state. In a “no-fault” state, each driver will file a claim with his or her own insurer regardless of fault.
Arizona is an “at-fault” state. This means that whoever is responsible for the accident is also financially liable for it.
All vehicle owners in Arizona are required to carry the following insurance requirements:
In order to recover compensation from the other party’s insurer, it must be established who was at fault for the rear-end collision. A car accident attorney can help you gather the evidence needed to prove the other driver was responsible for the auto accident.
Unfortunately, filing a claim for compensation with the insurance company is not always as easy and straightforward as it should be. The insurer may offer you a low settlement or even deny your claim outright. You may then choose to file a lawsuit to recover damages.
Though the majority of car accident claims are settled through negotiations with the insurance company, there are some situations where you may choose to sue for damages. For instance, if your injuries are severe and your medical bills exceed the insurance coverage, you may need to sue to get your medical expenses fully covered.
Another reason why you may choose to file a lawsuit is if a third party is fully or partially to blame for your rear-end accident injuries.
You may be able to sue one or more of the following third parties after a rear-end collision:
A car accident lawyer can help you determine what your best option is for getting compensation following a rear-end accident in the Phoenix area. If you are going to sue for damages, your lawyer will need to begin gathering evidence to support your claim.
Evidence used to build your case may include:
Once the evidence has been compiled to support your case, a complaint will be filed and the suing process will begin. The official complaint will state what happened, how you were injured, and what you are requesting as compensation.
Even after you have filed a complaint, your case can still be settled out of court if you can reach a fair agreement with the defendant. Filing a lawsuit shows the negligent party that you are serious about seeking money for damages.
There are several factors involved when it comes to rear-end accident cases. Figuring out whether you have a valid case will depend on your circumstances. This could include looking at the extent of your injuries, how long you will require medical care, property damage you sustained, and other relevant losses.
Recovering compensation means establishing negligence. The other driver must have been negligent in his or her actions or inactions and this resulted in you being injured. Four elements of negligence need to be proven:
An experienced car accident lawyer from our firm is here to help after a rear-end accident in or around the Phoenix metro area. We know what information and documentation to gather, such as medical records and police/accident reports, to help build a strong case.
When a driver slams into the rear of another vehicle and the person in the front vehicle is injured, there are several forms of compensation that could be pursued. A few examples of these forms of compensation are:
If the driver who was not at fault is killed in an Arizona rear-end collision, it could change the legal aftermath such that a wrongful death claim could be filed. Successful wrongful death claims could potentially lead to awards of damages that compensate the deceased person’s surviving family members.
Anyone who has been injured in this type of a collision should seek the immediate help of a Phoenix rear end accident lawyer as there are several different types of compensation that could be pursued depending on the circumstances of the crash and there are several different parties that could become involved.
Under Arizona law, a driver of a motor vehicle cannot follow another vehicle closer than is reasonable and prudent, while taking into regard the other vehicle’s speed and the traffic and condition of the highway.
This means that it is your obligation as a driver to follow other vehicles on the road at a safe distance. You must maintain control over your vehicle to prevent hitting the vehicle in front of you, causing a rear-end collision. If this does happen, you could be found responsible for the collision and any resulting damages.
Drivers are supposed to provide an adequate amount of following distance between their vehicles and those that they are following on any road. The general rule is to leave at least two seconds of following distance on city streets and four seconds of following distance on highways should be provided.
In Phoenix, Arizona, the driver of the rear vehicle is almost always assumed to be at fault in a rear-end collision due to failure to keep a reasonably safe distance from the vehicle ahead. In most cases, the driver of the striking vehicle could be liable for damages if a driver gets hit while stopped at a red light, in a line of traffic or at a stop sign. The lead driver did nothing wrong to cause the crash. He or she was following the rules of the road.
When your vehicle is hit from behind, there is not much the striking driver can argue about, especially if his or her vehicle has front-end damage and yours has rear-end damage. The rear driver could also be held liable if bad weather contributed to the crash. For example, if there was a thick layer of smoke or fog in the area that limited visibility, the driver may have needed to slow down to help prevent crashing into another vehicle.
If one vehicle crashes into the back of another, the driver of that vehicle is most likely going to be found at fault for the crash. However, there may be situations when the lead driver is partially to blame for the crash.
For example, the accident victim could potentially be held partially responsible if he or she did any of the following:
The lead driver could also be partially at fault if his or her brake lights do not work or one of the tires goes flat and the driver stops in the middle of traffic to fix it.
If some portion of blame is potentially assigned to you in a rear-end accident as the lead driver, the court will need to determine how much fault you will be assigned. If your claim is for $50,000 and you were deemed to be 30 percent responsible, you would only receive 70 percent of the $50,000 claim, or $35,000.
This is an example of howArizona’s comparative negligence statutemay be applied to a personal injury claim. However, if a claimant intentionally, willfully or wantonly caused or contributed to an injury, he or she cannot pursue compensation.
As fault can be a complex issue in a rear-end accident, it is a good idea to discuss the situation with a qualified attorney. The licensed Phoenix rear end accident lawyers at our firm understand the confusion experienced by victims of these collisions. We are here to answer your questions in a free initial consultation.
If you or someone you love has been harmed in a rear-end collision in Phoenix, AZ you may be eligible to pursue compensation to help cover medical bills, loss of wages, property damage and pain and suffering. Our lawyers at Phillips Law Group have helped many Arizona residents take legal action and fight to obtain maximum compensation. In total, we have recovered over $1 billion dollars on behalf of our clients.
Learn more about your rights and available legal options in a complimentary and confidential consultation. You are not obligated to retain our services, but if you do, you pay us nothing unless you obtain a recovery.
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