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Is Arizona a No Fault State? Comparative Negligence Laws

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When you’re involved in a car accident, bills can start to add up quickly. From medical treatments and vehicle repairs to lost wages and mental suffering, it can be a major and unexpected expense that someone will have to cover. It all boils down to fault laws in the state where the accident occurred. If you’re wondering, “Is Arizona a no fault state?” then Avrek Law can help break down the answer to that question and what it means for you. 

The Difference Between an At-Fault vs No-Fault State

Car insurance is intended to protect you financially in the event that you’re involved in an accident. However, the state fault laws that are in place where you live will determine how your claim is handled. 

In a no fault state, your personal injury protection insurance should cover your own medical bills, regardless of who is at fault. On the other hand, in an at-fault state, the liability insurance of the driver who is deemed responsible will pay for the injured party’s medical bills and other compensation. 

Understanding Arizona’s Fault Laws and Comparative Negligence 

Arizona is an at fault state, which means whoever is responsible for the accident is also responsible for paying the damages. For example, if a person is crossing the street in a crosswalk and is struck by a speeding car, the driver who was speeding would be found at fault. A Phoenix pedestrian accident attorney could help the pedestrian navigate filing a claim and any additional lawsuits for compensation.

However, Arizona is also a comparative negligence state. While most of the time, car crashes involve a negligent party and an innocent victim, it is not always that simple. There are times when more than one party shares the blame. For example, if a pedestrian is under the influence and jaywalking when they are struck by the speeding car, then they may be found partly to blame as well. 

How a state resolves issues of shared liability depends on their specific laws. Sometimes even if you are found to be even slightly to blame, then you are unable to recover damages. In Arizona, they take a “pure comparative negligence” approach, which means no matter how much you may be to blame for the crash, you can still receive compensation. The amount you recover will be reduced in direct proportion to your share of fault in causing the accident. If you were found to be 10% to blame for a crash with damages of $10,000, your potential settlement would be reduced by $1,000.

Steps for Determining Fault in a Car Accident

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In a fault state like Arizona, it is critical to gather all the necessary information to prove who is or who is not responsible for an accident. 

If you are involved in an accident, it is important that you document as much information regarding your accident and injuries as possible. Information like the following can help your injury attorney ensure that they get you the maximum compensation deserved for your injuries: 

  • Take pictures before the crash vehicles are moved 
  • Gather the names and phone numbers of those involved, including witnesses
  • Ask the other driver to show you their licenses and insurance ID cards
  • Record the make and model of all the cars involved
  • Document the location of the accident, time of day and weather conditions.
  • Wait for the police to arrive and ask for a copy of the report

If you were injured, call one of the best Phoenix personal injury lawyers from Avrek Law to help you determine next steps. 

What To Do If a Car Accident is Not Your Fault?

Car accidents can be stressful no matter if they result in injury, property damage or both. If you know the crash was not your fault, it can still be nerve-wracking trying to get the at-fault driver to cover any damages. That is where Avrek Law comes in. With more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, Avrek Law has recovered more than $1 billion in compensation for injury victims in more than 45,000 cases. Contact us for your free consultation to learn more!

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