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Rear-end collisions are one of the most common types of car accidents. In most cases, when a car crashes into the back of another car, it is the fault of the driver of the back because they must keep a safe distance from the car in front of them and pay attention while driving.
However, the front driver or another party can also be held liable for the accident, too. A Phoenix car accident lawyer can help determine liability, which can affect the amount of compensation you receive when involved in a rear-end collision in Arizona.
Drivers in Arizona are expected to follow traffic laws and practice safe driving. This includes driving at a safe speed and leaving enough room between your car and others around you.
For this reason, it’s usually presumed that the driver in the back is liable for hitting a car in front of them.
The person who causes an accident is responsible for compensating for any damages they caused. If damages exceed the amount of insurance carried by the at-fault driver, they may be personally responsible for the difference.
Sometimes, rear-end collisions happen for reasons beyond the control of the driver in the back, such as the front driver unexpectedly slamming on the brakes, having faulty brake lights, or driving recklessly.
In this case, the concept of comparative negligence may apply. When more than one person is responsible for an accident, each person is assigned a percentage fault, and compensation is divided accordingly.
For example, if a driver is found to be 40% responsible for a rear-end collision that caused $10,000 in damage, they can only receive compensation for 60% of their damages (or $6,000). They will have to pay their 40% share of the expenses.
| Term | Definition / What It Means |
|---|---|
| Presumed Fault | In most rear-end collisions, the driver in the back is presumed responsible for not maintaining a safe following distance or paying attention to traffic. |
| Comparative Negligence | Arizona uses a ‘pure comparative negligence’ system, meaning each driver can share a percentage of fault, and compensation is reduced by that percentage. |
| Shared Liability Example | If you’re found 40% at fault in a $10,000 crash, you can recover only $6,000 in damages (the other 40% is deducted). |
| Third-Party Liability | Sometimes, another driver or even a vehicle manufacturer may be partially responsible, such as due to defective brake lights or sudden unsafe maneuvers. |
| Legal Assistance | A Phoenix car accident lawyer can collect evidence, determine liability, and negotiate fair compensation with insurers. |
If you are involved in an accident, call the police and get medical attention immediately. Any accident involving injuries, significant property damage, or fatalities must be reported immediately as per Arizona law. Any delay or failure to report could result in serious fines or negatively impact the claims process.
While at the accident site, take photos, ask for witness statements, and gather contact information for the other drivers. You will need the police report, repair estimates, medical bills, and other information to support your claim for damages.
You also need to call your insurance company and tell them what happened. Many insurance companies require that an accident be reported in a timely manner if you want to protect your right to make a claim.
Even if a claim seems straightforward, hiring an attorney may be one of the smartest moves you can make after a rear-end collision. Ask for the car accident legal process to be explained and for a whiplash settlement guide for Arizona.
Gage Mathers has more than five decades of experience, and our team has earned a reputation as tough negotiators backed by real results. We accept complex cases and boast a 99.99% success rate, resulting in more than $325 million recovered for our clients. Reach out for a free consultation to see how we can help you with your rear-end collision!
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