What Are The Common Types Of Auto Accident Cases That You Handle?

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Commercial Vehicle Accident
• Pedestrian and Bicycle Accidents
• Wrongful Death cases

What Are The Top Misconceptions About Auto Accident Cases That You Have To Dispel?

One of the top misconceptions is clients think hiring an attorney for their auto accident case will complicate any chance of them getting a settlement or if they receive a settlement, the attorney will get most of it.

Another misconception people have is that they think a personal injury attorney only represents people who are seriously injured in accidents that involve a motor vehicle. They do not realize that we represent a wide spectrum of personal injury cases other than motor vehicle accidents.

Many individuals are not even sure what a personal injury attorney does or that they should even hire an attorney after they are involved in an accident.

What Are Fault And No-Fault States? How Does IT Apply To An Auto Accident In Arizona?

No matter the types of auto accident cases, Arizona is a fault-based state, which means an accident victim has to prove fault on the person that caused an accident and/or their injuries. For example, you must prove you were injured and incurred damages as a result of another person’s negligence.

What Is Comparative Negligence? How Will It Affect My Auto Injury Case?

Arizona follows the doctrine of pure comparative negligence, governed by A.R.S. § 12-2501. Each defendant is liable only for the number of plaintiff’s damages attributable to that defendant’s percentage of fault, and separate judgments are entered for each defendant on that amount. A.R.S. § 12-2506.

There is no right to comparative negligence for a claimant who has intentionally willfully or wantonly caused or contributed to the injury or wrongful death. A.R.S. § 12-2505(A).

A.R.S. § 12-2501 states:

1. Except as otherwise provided in this article, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
2. The right of contribution exists only in favor of a tortfeasor who has paid more than his pro-rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro-rata share. No tortfeasor is compelled to make a contribution beyond his own pro-rata share of the entire liability.
3. There is no right of contribution in favor of any tortfeasor who the trier of fact finds has intentionally, willfully or wantonly caused or contributed to the injury or wrongful death.
4. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
5. A liability insurer, which by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as the insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s pro-rata share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.

What Are The Time Limits For Bringing An Auto Accident Claim In Arizona?

The statute of limitations for car accident claims depends on the nature of the accident. For standard car accidents, you have two years from the date of the crash to file your claim.

If the driver is uninsured or under-insured the statute of limitations is three years.

If the other driver involved in the crash is a police officer or other public official, the statute of limitations is much shorter. In such a case you have only six months to file your paperwork and a single year to file a lawsuit.

The statute of limitations for a personal injury action is governed by A.R.S. § 12-542 and is two (2) years.

For more information on Auto Accident In Arizona, a free initial consultation is your next best step. Contact Killham Law Office today!

Get the information and legal answers you are seeking by calling us today.