Understanding Fault in Wrongful Death Car Accidents

Losing a loved one in a car accident can be a life-changing event for the family left behind, especially when the death was caused by the negligence or recklessness of another party. In Arizona, liability for wrongful death is based on the concept of pure comparative negligence, whereby the amount of compensation paid for loss of life is determined by the percentage of fault each party had in the crash.

Hiring a Phoenix car accident lawyer is the first step to ensuring that the family members of the deceased are adequately compensated for the losses caused by the crash.

What Is Wrongful Death?

‘Wrongful death’ is defined as a person losing their life due to the actions, negligence, recklessness, or intentional actions of another party. According to Arizona Revised Statutes 12-611, if the deceased would have been able to file a personal injury claim if they had survived the car accident, their family or estate has a right to file a wrongful death claim.

In addition to car accidents, wrongful death claims are often made in cases related to medical malpractice, workplace accidents, defective products, and criminal actions. 

With few exceptions, there is a two-year statute of limitations. If a claim is not filed within two years of the time of death, the claim will likely be invalid. If a government entity is involved, a claim needs to be filed within 180 days.

Comparative Negligence Explained

Rather than focusing on assigning blame, wrongful death claims in a comparative negligence state focus on assigning a percentage fault to each party that played a role in the accident.

This concept can be especially beneficial for those seeking compensation because something is always better than nothing. For example, if the deceased was 99% responsible for the crash, the family can still receive 1% of the compensation paid to those who experienced loss. If the reward was $1,000,000, the amount paid to the deceased’s family would be reduced by 99% (or $990,000), and they would receive $10,000.

However, comparative fault is not allowed when an accident is caused by willful or wanton behavior, such as road rage or purposefully speeding, or driving under the influence. In these cases, the reckless driver can’t have their percentage liability reduced even if others played a part in the accident.

Surviving spouses, children, parents, guardians, and executors of the deceased estate can file a wrongful death claim for funeral expenses, medical bills, lost future income, loss of companionship, and pain and suffering, even if the deceased was partially responsible for their death. In Arizona, extended family, siblings, and unmarried partners cannot file a wrongful death claim.

How Percentage Fault Is Determined

Evidence (police reports, witness statements, photographs, expert testimony, impact of poor road conditions, accident reconstruction, medical documentation, etc.) is collected and used to make informed decisions about the percentage liability for a wrongful death. The success of a claim depends on how well the evidence supports the victim’s version of events. 

Determining fault can be particularly challenging when multiple vehicles are involved because it is rare that only one party is at fault. Unlike other states, Arizona also does not have a cap on compensation amounts that can be awarded in wrongful death lawsuits.

The Importance of Hiring a Qualified Attorney

Because of the complexities involved in determining fault in Arizona, it’s essential that surviving family members contact a skilled attorney from Gage Mathers as soon as possible after a fatal accident. We will explain the Arizona car accident wrongful death process, discuss legal options, and take action to protect your rights to compensation from those responsible for the death of a loved one.

Contact the award-winning team at Gage Mathers Law Group today. We have decades of experience with personal injury cases and will give your wrongful death case the attention it deserves!

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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