Liability for Car Accident

Whether it’s a fender bender or a serious collision, liability can have a big impact on insurance claims, medical bills, and potential lawsuits. But how do you determine who’s at fault? Look closely at the details. Were any traffic laws broken? What did witnesses see? What is in the police reports? Do any photos or videos exist? Asking yourself these questions may help you answer who was at fault or acting carelessly.

Working with a Phoenix car accident lawyer can help you answer these questions, while easing the stress of any already overwhelming time in your life.

What Is Liability?

Liability in a car accident is all about figuring out who’s responsible for any damage or injuries you’ve sustained, whether that’s the cost of fixing your car, covering medical bills, or other fees. This usually comes down to fault, which is often tied to negligence. ‘Negligence,’ in this case, refers to when someone drops the ball on acting responsibly behind the wheel.

Here’s an example: if a driver was texting and ended up rear-ending someone, this is indeed considered negligence, which makes them liable for the accident. This also means they’re responsible for covering the costs of the incident (whether that’s through insurance or out-of-pocket).

How Is Liability Determined?

After you’ve been in a car crash, it’s important to act quickly and gather everything needed to prove you’re not at fault before the car accident claim time limit is up. In Arizona, for example, you have two years to file a claim. Make sure to check the rules of the state in which the accident happened, as deadlines can vary. You can also rely on your attorney to stay on top of those important dates.

So, what do you need to gather? Start with the basics:

• Photos: These can include pictures and videos of the accident scene, any vehicle damage, or visible injuries.
• Witnesses: Gather contact information and statements from witnesses as soon as possible. Your accident will be freshest in their minds if you talk to them right away.
• Police report: The officer who filed the report can provide an unbiased account of what caused the crash.
• Important documents: Keep a detailed record of any medical bills, car repair estimates, or other accident-related expenses along the way. 

All of this evidence will help build a strong case, whether you’re negotiating a settlement or fighting to prove you weren’t at fault.

Denied Liability

When a driver denies liability, their insurance company will usually take their side to avoid having to pay out. This can make the claims process all the more challenging because the insurer may argue against your recollection of the accident, and may even try to minimize your injuries and damages. 

This is why it’s beyond important to have an attorney who uses their skilsl and tact to successfully negotiate with the insurance company, advocate for you, and push back against an insurance company’s lowball settlement offers.

Can Both Drivers Be to Blame?

In some cases, it’s possible that both drivers contributed to the accident’s cause. Even so, getting compensated for your injuries or damages is still a possibility. 

Depending on the state you’re in, if both drivers are at fault, they’ll use what’s known as ‘comparative negligence’ to determine how much of the accident was your fault. For instance, if you’re found at fault for 20% of the accident, you would still be able to still seek 80% of the total damages. 

Getting the Best Legal Help

The legal system can be tricky, and most people don’t want to navigate it on their own. Hiring help from reputable attorneys like those at Gage Mathers Law Group can boost your odds of winning the case. 

We’ve recovered more than $275 million for thousands of clients, and have a 99.99% success rate–a true testament to our tireless work and commitment to make sure you’re fairly compensated for all you’ve endured.  

Our team is here to guide you through the entire claims process every step of the way, from gathering the right evidence to negotiating with insurance companies. It’s our goal to take the pressure off you by handling the more complex side of things so you can focus on what matters most–recovery.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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