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Disputing Fault After an Arizona Car Accident

By Karnas Law Firm |

In Arizona, car accident victims have the right to demand compensation for their losses from the at-fault drivers who caused their crash. How much a person can recover, however, will depend on the claimant’s ability to establish a few different factors, including who was primarily at fault for the crash. Unfortunately, at-fault drivers and their insurers often try to avoid paying out the full value of a claim by arguing that the crash was actually the fault of the claimant. To learn more about disputing these kinds of allegations and seeking the full amount of damages to which you are entitled, please reach out to our Tucson car accident lawyers today.

Establishing Fault

Most car accidents can be chalked up to driver error, such as:

  • Driving while distracted or fatigued;
  • Speeding;
  • Following a vehicle too closely;
  • Failing to check one’s blind spot before changing lanes;
  • Running a red light or stop sign; or
  • Swerving and driving aggressively.

When a driver engages in these kinds of negligent behaviors, or violates a traffic law, he or she can be held liable for any resulting collision. Proving that the other driver was negligent, however, can be complicated, especially if that person is also arguing that the claimant was actually the one at fault.

Disputing Fault with Strong Evidence

The first step a claimant will need to take when disputing fault is to collect evidence that establishes the other driver’s fault. This evidence could include:

  • Photos and videos from the scene of the accident;
  • A copy of the police report created after the accident;
  • Witness statements from individuals who saw the accident occur;
  • The claimant’s medical records and bills;
  • Repair invoices from mechanics, describing the damage sustained by the vehicles;
  • Recordings from traffic and security cameras; and
  • Information from the vehicles’ Event Data Recorder (EDRs).

In complicated cases, as when there are multiple vehicles involved in a crash, a claimant may also need to obtain the services of an accident reconstruction expert. These specialists use physical information from the accident, as well as EDR data, and video recordings to construct a model of what happened on the date in question.

Comparative Fault in Arizona

In Arizona, a person can still recover compensation after an accident even if he or she did contribute to an accident. This is because Arizona adheres to the standard of comparative negligence, under which a person won’t be barred from recovery despite contributing to a crash. The claimant’s recovery amount will, however, be reduced by his or her degree of fault in causing the accident.

Set Up a Meeting with Our Dedicated Tucson Legal Team

If an insurer is disputing who caused your recent car accident, you’ll need an experienced Tucson car accident attorney on your side who can help you secure the evidence you need to establish who really caused the crash. To learn more about how our legal team can help with your own case, please call Karnas Law Firm, PLLC at (520) 389-5225 today.