Blame Game: Determining Fault When Car Accidents Occur in Arizona
After the cars involved in a crash have stopped moving, and both drivers and passengers have checked for bodily injury and vehicle damage, the blame game begins. Accurately establishing liability immediately following a motor vehicle accident is important, especially in fault states like Arizona. Auto insurance carriers consider factors like the accident type and state law violations when apportioning fault and calculating payment percentages, but injured victims may still have to sue for damages like medical costs, lost wages and pain and suffering.
Types of Fault
The main causes of crashes that injure people are negligence, reckless or wanton conduct and intentional misconduct. These types of fault, as well as strict liability, may be assigned to one or more parties involved in auto accident cases. Negligence, the most common fault apportioned, includes irresponsible, but unintended, driving behavior. Reckless drivers or those who show intentional disregard for safety may end up with higher fault percentages. Defective or dangerous product producers or carriers sometimes incur strict liability fault.
Contributing Factors
Many states, including Arizona, incorporate evidence of contributing factors to determine fault following auto accidents. When drivers violate traffic laws or statutes, for example by driving under the influence of drugs or alcohol or transporting hazardous materials in an unsafe manner, this may be used as evidence of fault when assigning comparative negligence percentages. Drivers causing certain accident types, like those involving rear-end or left-turn crashes, also typically assume more fault than the generally negligent.
Legal Liability
Insurance carriers or triers of fact, like judges or juries, make the ultimate decisions about which drivers were more responsible, and therefore liable, for car accidents and any related injuries or damages. Some states bar any parties who negligently contributed to a crash from receiving compensation for injuries. In Arizona, however, comparative negligence is the rule, so injured victims may receive settlements or damages based on the percentages of fault apportioned to responsible parties by the insurance carriers or triers of fact.
Playing the Game
All drivers owe their fellow motorists and passengers a standard duty of care to operate their vehicles safely. When this duty is breached, whether by negligence or willful acts, car accidents, injuries and damages occur. These crashes force all parties, as well as insurance companies, law enforcement officials and legal personnel, to play the blame game to establish fault and liability. This game can be frustrating for injured Arizona accident victims, especially if the fault apportionment is unfair and leaves them financially burdened.
If you were recently in a car crash in Arizona, contact an Arizona personal injury attorney experienced in fault and liability determination litigation and auto insurance settlements to discuss your accident and help you pursue any legal claims for compensation.
