Auto accidents are the single most common source of personal injuries caused by negligence nationwide, and Arizona is certainly no exception to this trend. When you are seriously hurt in a wreck someone else is to blame for you likely have standing to file a civil suit against them with a seasoned personal injury attorney’s help. No matter how substantial your losses are or what kind of compensation you need to make up for them, a tenacious Tolleson car accident lawyer like those on the team at Phillips Law Group could be the ally you need to effectively pursue every cent of the restitution you deserve.
How Fault Works in Car Crash Claims
Everyone who operates any kind of motor vehicle on public roads owes the same “duty of care” to everyone on the road to obey traffic laws, watch out for other people near them, and, in general, act like a rational and responsible person behind the wheel.
The basis of any personal injury claim is built around the theory of “negligence.” All auto accident cases handled by skilled attorneys in Tolleson must prove that a specific “breach” of this duty was the primary and direct cause of a collision, which then directly led to an injury requiring professional medical attention.
Depending on the circumstances, a breach of duty which could give rise to a car accident lawsuit or settlement demand could be as obvious as speeding down the wrong side of a highway while drunk or as subtle as someone glancing away from the road at just the wrong moment and rear-ending another driver who slowed down ahead of them. Both types of misconduct are equally “negligent” in terms of their ability to serve as grounds for a civil claim, and with small exceptions made for extremely egregious negligence and intentional malice, courts do not take into account how “severe” a negligent act was in subjective terms when determining fault for a wreck.
Possible Obstacles to Effective Civil Recovery
It may also be important when pursuing a car accident claim that the injured plaintiff filing the claim did not play a role in causing the wreck through negligence of their own.
If a court finds that an injured person does hold some “comparative fault” for their own injuries, Arizona Revised Statutes § 12-2505 allows the court to reduce that person’s final damage award by whatever percentage of fault they hold for their losses — an example which insurance companies and defense counsel tend to follow during private settlement negotiations as well.
Additionally, A.R.S. § 12-542 sets a filing deadline of two years after an accident first occurs for anyone injured in that accident to begin the civil litigation process, with extremely few exceptions. Guidance from a seasoned car crash lawyer in Tolleson can be crucial to understanding and getting around these legal roadblocks and maximizing available compensation.
Talk to a Tolleson Car Accident Attorney About Your Legal Options
From minor fender-benders to catastrophic multi-car pileups, traffic collisions are always traumatic and often life-altering experiences to go through. If you know that someone else is at fault for causing you to get hurt in an auto wreck, you have limited time to enforce your legal rights and demand that they compensate you for your crash-related losses.
Assistance is available from a Tolleson car accident lawyer at Phillips Law Group with decades of experience helping people just like you get the financial recovery they need. Call our firm today to learn more and to conduct a free, no-obligation consultation with a member of our skilled team of attorneys and legal professionals.
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