Tucson: 520.571.9700 Yuma: 928.723.0088 Phoenix: 602.402.5207


Why Tucson, AZ Car Accident Claims Go to Trial

By Karnas Law Firm |

Motor vehicle collisions are among the leading causes of death and disability in the US, and the data reveals how the risk of car accidents impacts Arizona motorists. The Arizona Department of Transportation (AZ DOT) reports that there are almost 130,000 total crashes across the state annually, causing around 980 fatalities and injuring 53,800 people. It is encouraging to know that you have legal remedies if you were hurt or lost a loved one, so you may qualify to recover compensation for your losses.

However, you might be surprised to learn that few auto collision cases go to trial. Most settle with the at-fault driver’s insurance company. When a claim does not settle, many people assume that the failure is a result of the insurer being unreasonable. In truth, the insurance company’s refusal to settle could be the result of weaknesses in your case. Getting skilled advice from a Tucson car accident attorney will help address:

Weak Evidence of Fault

For an insurer to agree to pay compensation, you must be able to prove that the company’s policyholder was negligent in operating the vehicle and responsible for causing the crash. A claim is more likely to settle when you have solid evidence of misconduct by the at-fault driver, such as:

  • The police report and/or a ticket for a traffic violation;
  • The intersection or stretch of road;
  • All signs, signals, lane markings, and other traffic controls;
  • Physical damage to vehicles; and,
  • Skid marks or other physical characteristics indicating a collision.

It is smart to get as many details as possible at the scene, so grab your phone to take pictures and video. Other evidence of fault may include surveillance video of businesses near the crash and witnesses who observed what happened.

Incomplete Medical Records

In addition to fault, the other important factor when attempting to settle a car accident claim is proof of your injuries. This information will ensure you get fair compensation for your medical bills, as well as pain and suffering. The medical records generated by every encounter with a health care provider or treating physician provide credible proof of these details. Your position may be weaker and force you to trial if you failed to submit:

  • Information on your diagnosis and treatment;
  • Doctor’s notes;
  • Your medical history;
  • X-rays, MRIs, CT scans, and other imaging results; and,
  • Records showing your physical limitations.

Failure to Get Prompt Medical Care

If you did not seek treatment right away, you are sending the message that you were not hurt badly. The insurer will probably doubt your allegations and deny compensation when you delay or fail to get medical care.

Consult with a Tucson, AZ Car Accident Lawyer About Your Claim

While there can be challenges in dealing with an insurer, there are legitimate reasons companies refuse to settle. To ensure weaknesses do not harm your rights, it is wise to work with experienced legal counsel. Our team at Karnas Law Firm, PLLC is ready to support your needs, so please call (520) 462-2593 or go online to set up a free consultation.