What Does Arizona’s “At-Fault” State Law Mean for Car Accident Claims?
Arizona follows an at-fault system, which means the driver who causes an accident is financially responsible for any resulting damages. To recover compensation for your injuries, you must show that the other driver was at fault and that their negligence caused your losses. In most cases, the at-fault driver or their insurance company must compensate the injured party.
How Could Arizona’s Pure Comparative Negligence Affect Your Claim?
Under Arizona law, you can still file a claim even if you are partially responsible for an accident. With the state’s pure comparative negligence system, you can recover damages for the percentage you are not responsible for.
For example, if you are 40 percent at fault for the cause of the accident, you can still claim 60 percent of the damages. Under this comparative negligence system, your compensation is reduced by the percentage of fault attributed to you, and if you are 100 percent at fault, you cannot recover damages.
What Is the Statute of Limitations for Filing a Car Accident Lawsuit in Arizona?
The statute of limitations in Arizona for personal injury cases, like car accidents, is two years from the date of the accident or injury. Some exceptions exist to this timeframe, such as the discovery rule if an injury does not develop symptoms for years. Failing to file a claim before this two-year deadline will prevent you from recovering any damages.
If you plan to file a claim against a government entity, be aware that such entities are not subject to the usual statutes of limitations. Claims must be filed within 180 days with notice served to the appropriate representatives. Missing this deadline forfeits the right to compensation.
What Are Arizona’s Insurance Requirements?
In Arizona, drivers are required to meet a minimum car insurance coverage limit in case of accidents. The current coverage limits are:
- $25,000 for one person sustaining bodily injury or death in an accident
- $50,000 for two or more persons sustaining bodily injury or death in an accident
- $15,000 for damage to others’ property
You can also add uninsured and underinsured motorist coverage to your car insurance, though it’s optional. It can save you from out-of-pocket costs in an accident with an uninsured or inadequately insured driver, covering expenses and damages.
What Is Arizona’s “Hands-Free” Law?
If you are driving in Arizona, you are not allowed to hold or use a handheld mobile device. You may use hands-free or voice-activated features for navigation or communication, but you cannot type, read, or send text messages while driving. Holding your phone or using it in any way that takes your hands off the wheel can result in fines. Arizona has some of the toughest hands-free laws in the country to reduce distracted driving accidents.
How Does Arizona Treat Driving While Intoxicated?
In Arizona, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 or higher or to operate a vehicle while under the influence of marijuana.
Even if your BAC is below the legal limit, or you use marijuana legally for medical or recreational purposes, these substances can still impair your driving and increase the risk of an accident. Alcohol and drugs affect judgment, coordination, and reaction time, which can make driving unsafe.
Penalties for impaired driving depend on your BAC level, whether anyone was injured, and the extent of property damage. Arizona takes intoxicated driving very seriously. Offenders may face penalties such as ignition interlock devices, large fines, and jail time.
A DUI that causes serious injury can lead to aggravated assault charges, which carry significant prison sentences. If a death occurs, the driver may be charged with negligent homicide, manslaughter, or second-degree murder.
What Does Arizona Law Say About Leaving the Scene?
Arizona law requires most car accidents to be reported to the police, and you should generally call 911 after an accident, even for minor ones. It’s best to call the police and file a report, as insurance claims may involve story changes. An official crash report can protect you from this.
In minor accidents without injuries, move your vehicle off the road or shoulder. If your car isn’t drivable, move it to a safe spot or remove yourself and any passengers from the road to safety.
After an accident in Arizona, drivers must share their information and insurance details with each other. If you hit an unattended vehicle, you need to wait for the owner to return or leave your information for them. Hit-and-run accidents face serious consequences in Arizona.
Arizona law considers leaving the scene of an accident both a crime and a civil violation, with penalties depending on the severity of the incident. Often, when a driver leaves the scene of a hit-and-run, they are considered at fault for the incident.
How Does Arizona Treat Right-of-Way?
When two vehicles arrive at an intersection from different streets or highways around the same time, the driver on the left should give way to the vehicle on the right. If you go to a four-way stop, whoever arrives first at the stop sign will have the right of way. If two cars arrive at the same time, the vehicle on the left should yield to the one on the right.
A vehicle entering a freeway from an acceleration lane, ramp, or approach road must yield to a car already on the main freeway in the merging area at the same time in Arizona.
If you have an accident in a parking lot, identifying who has the right of way can be challenging, so consulting an attorney can help protect your rights. Parking lot accidents can sometimes involve pedestrians, rear-end collisions, or distracted drivers.
