Traffic accidents can happen to anyone and occur in the blink of an eye. If you were recently involved in one and sustained injuries because of the crash, you must protect your rights and understand how you can seek compensation for your medical bills.
How does Arizona’s ‘pure comparative negligence’ rule work?
Under Arizona’s “at-fault” insurance system for car accidents, you can file a claim with the other party if you believe they were partially or fully responsible for the crash. Your personal injury claim can cover payments for the following:
- Medical costs
- Lost income
- Property damage
- Pain and suffering
However, it is important to note that under the “pure comparative negligence” tort rule, the total compensation amount you can receive will depend on how much blame each party carries. For instance, if you were 70% at-fault for the accident, you can collect 30% of your total damages from the other driver.
How is fault determined?
Aside from each side’s crash evidence, your individual actions during the incident will also play a vital role in the determination of your liabilities. Some actions that may help prove negligence from one or both parties include:
- Failure to obey traffic signals and signs
- Excessive speeding
- Distracted driving
- Drunk driving
- One party’s failure to yield the right-of-way
After the accident, you will have a two-year statute of limitations to file your personal injury claim. Failure to file within this period can lead to the dismissal of your case.
You are not alone on this journey
Trying to navigate your claims process while you are still recovering from your injuries can feel overwhelming. By hiring legal counsel for your case, they can help assess your situation, gather evidence, explain your options and advocate for your rights.