In addition to following traffic laws, the “duty of care” held by Arizona drivers also requires them to keep their full attention on driving at all times while behind the wheel. Anyone who fails to do this and causes a traffic accident as a direct result may hold civil liability for ensuing injuries and losses — but only if you, as the injured person, can prove them at fault for that accident based on the principles of legal negligence.
Doing this effectively and efficiently after a distracted driving car accident in Tempe can be much more difficult than you might expect, especially if there are conflicting opinions about exactly what happened and exactly who was to blame for the wreck. In a situation like this you need a skilled car accident lawyer from Phillips Law Group. Call today to learn more!
Is Distracted Driving Against the Law in Arizona?
Since the duty of care all drivers on public roads owe to each other includes a requirement to obey traffic laws, anyone who causes a crash by acting illegally in any way has “breached” their duty of care and can be held liable for ensuing damages based on their “negligence.” However, with the exception of using a handheld electronic device for texting or anything else behind the wheel, distracted driving is not “illegal” in Arizona in the same way that speeding, running a stop sign, or failing to yield is.
Importantly, though, the duty of care drivers have in Arizona also includes an obligation to act responsibly and safely behind the wheel, which means being distracted while driving counts as a “breach” of that duty even if it is not considered a traffic violation on its own. Alternatively, it may be possible to build a distracted driving car accident claim in Tempe around a specific traffic offense someone committed because they were distracted — for example, rolling through a red light because they were talking to a passenger instead of focusing on the signal ahead of them.
How “Comparative Fault” Could Impact Civil Recovery
Another important thing to understand about distracted driving wrecks and about car accident litigation, in general, is that it is very much possible for multiple people to be at fault for a single crash. Even if they can prove a distracted driver was the main party at fault for their injuries, someone found to hold a percentage of “comparative fault” for their own car crash in Tempe — for instance, because they were committing a traffic violation at the time of the crash too — may have their final damage award reduced in proportion to their share of total fault, as per Arizona Revised Statutes §12-2505.
Fortunately, Arizona takes a “pure comparative fault” approach to this legal concept, so no amount of fault held by an injured person — other than 100 percent — can completely disqualify them from seeking at least some civil restitution. Still, comparative negligence can be a huge obstacle to getting paid fairly after a wreck, and it is something a skilled legal professional can provide crucial help in minimizing the impact of.
Get Help With a Distracted Driving Car Accident Lawsuit From a Tempe Attorney
People who let themselves get distracted behind the wheel put themselves and everyone around them at risk of serious harm by doing so. Even still, far too many people around Tempe choose to drive while looking at their phones or with their attention fixated on something other than driving safely, and they should be held financially liable for any accident they cause through their misconduct.
You have help available after a distracted driving car accident in Tempe from a skilled legal professional who is ready to proceed to civil litigation if it is necessary to get you paid what you deserve. Schedule an initial consultation by calling Phillips Law Group today. Consultations are free and you are under no obligation to work with us after this first evaluation Our team is ready to help with whatever the unique circumstances of your situation may be. Contact us today to find out more!
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