Accident Fault Determination

When an accident occurs in Arizona, a process is started to determine the cause of the accident and who is at fault. In most cases, the police investigate, make observations, and collect evidence at the accident scene. Insurance companies and Phoenix car accident lawyers use these reports and their own research to determine fault and reach settlement agreements or fight for their clients in court.

Steps in Determining Fault After a Car Accident in Arizona

Police Investigations

At accident scenes, the police take statements from witnesses and the drivers. They also look for evidence that might explain what happened, such as skid marks, drugs or alcohol in the car, vehicle and property damage, problems with traffic lights, etc. The facts of the case are documented in a police report.

Anyone involved in an accident is also encouraged to take their own photos of the scene and contact information for witnesses. Sometimes, mistakes are made, and you want to have your own records of the accident.

Insurance Company Assessments

Insurance investigators analyze police reports, traffic laws, witness statements, medical records, expert opinions, computer data from the cars, maintenance and repair records, road conditions, and other evidence to determine fault. The investigator’s assessment is used to determine if the insurance company should offer a settlement, deny a claim, or whether faulty repair accident claims should be included in the discussions.

In Arizona, it is possible that more than one party is at fault. In this case, the amount of compensation paid to a victim may be adjusted up or down to reflect the percentage blame they have for the accident. For example, if your losses total $30,000 but you bear 10% of the responsibility for the accident, the settlement will be reduced by 10% (or $3,000). You would receive $27,000.

Role of Personal Injury Attorneys

Personal injury attorneys ensure that accident victims’ rights are protected. Sometimes, who is responsible for an accident is very clear; in other cases, liability is not so simple. Insurance companies may also try to shift the blame to another party (even the victim) to avoid paying a settlement. Your attorney will fight for you, so you receive the most compensation possible. If the parties involved in an accident and the insurance companies can’t reach an agreement, the case could end up in court. 

Gage Mathers Is the Best Choice

Arizona car accident laws are complicated and difficult for many people to understand. If you are in a car accident, it is essential that you focus on your recovery while Gage Mathers does battle with insurance companies and negligent parties to get you the money you deserve to cover your medical expenses, lost wages, pain and suffering, and other losses.

Gage Mathers has more than five decades of experience and has collected more than $275 million for their clients. We have built a reputation for treating our clients with respect and dignity while fighting for their rights during a vulnerable time in their lives. If a settlement is not possible, our award-winning team is also not afraid of going to trial. Reach out to Gage Mathers today for a free consultation!

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 24 years
Bar number: 020421
Location: Phoenix, AZ
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