How Traffic Laws Affect Car Accident Claims in Arizona

Understanding how traffic laws affect car accident claims in Arizona is critical. People may assume they are at fault because they broke a traffic law, but this isn’t necessarily true. Consulting with an attorney regarding an accident can help clients understand their claim. 

Victims of a car accident seeking an experienced Phoenix car accident lawyer can look to Gage Mathers. Our founder helped write Arizona laws regarding uninsured motorists–needless to say, no one has more experience than us. Here is a deeper explanation of how traffic laws affect car accident claims in Arizona:

No-Fault Versus At-Fault

There are two kinds of state laws regarding fault in a car accident: no-fault and at-fault. In a no-fault state, each driver’s own insurance pays for their medical bills and car damages, regardless of who was at fault. This speeds up the claims process but can limit the ability to file suit for additional damages. 

Arizona is an at-fault state, which means the person at fault is responsible for the other party’s property damage, medical bills, and additional damages. Breaking traffic laws while being at fault can significantly increase award amounts. This is especially true with punitive damages, which is money awarded as punishment for breaking the law. These amounts can be substantial.

Key Traffic Laws

Police and insurance companies pay special attention to a few key laws when determining who is at fault:

Right of Way

The person with the green light at an intersection is allowed to proceed through the intersection. This is known as the ‘right of way.’ Similarly, a car driving down a busy road has the right of way, traffic that must merge or has a yield sign does not.

Determining which driver had the right of way is the number one factor in determining fault. Driver and witness statements, skid marks, and traffic cameras can help establish this fact.

Speed Limits

Speeding itself is not evidence of fault. A driver going fifty in a forty mile-per-hour zone who has a green light and crashed into someone who ran a red light is unlikely to be found at fault. However, when the speeding driver is the one who ran the red light, they are now in additional trouble. 

Situations like these are what lead to the punitive damages mentioned above. If a victim in an accident is hit by a speeding driver who didn’t have the right of way, their lawyer can ask the court for additional compensation. Clients whose lawyers are not taking these factors into consideration may be frustrated and ask, “Can I change my car accident lawyer?” Yes, you can!

Reckless Driving

Excessive speeding can be considered reckless driving and can lead to a driver being found at fault. Other common situations include changing lanes without signaling and tailgating, which can greatly increase the chance of an accident. 

Even those with the technical right of way may be found at fault if they were driving recklessly. Not only does this put them at fault, but it can compound the amount they may be required to pay the other party during settlement negotiations. 

Injured? Contact Gage Mathers

Our firm has been representing clients statewide for more than five decades. Our combined depth of experience with traffic laws, fault determination, and insurance law is unmatched. We understand how to gather witness statements after an accident, examine the evidence, and ensure our clients receive the best possible representation. Trust us with your case and see how we can help you recover the money you deserve!

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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