5 Tips for Determining Negligence in an Accident

5 Tips for Determining Negligence in an Accident

Dealing with the aftermath of a car accident can be daunting, from injuries to medical bills to time off work. You may feel stressed and emotionally drained from the events of the wreck, and dealing with insurance companies or deciding whether to file a personal injury case in the days after the crash can exacerbate that stress.

However, knowing who’s at fault in a crash and organizing the facts of your case are both essential to getting you fair compensation after an accident.

If you’ve been injured in a car accident in Arizona and want to file a claim, contact the Phoenix car accident lawyers at ELG Law. Our team of auto accident attorneys is here to help.


The first step in determining fault will be determining if negligence was involved in the auto accident. Whether it’s distracted driving or impairment, there are a number of ways that a driver can be negligent on the road. If any of these are factors in the accident, the distracted, impaired, or reckless drivers will most likely be at fault, though comparative negligence can be a factor in determining accident fault under Arizona law.

Distracted and Impaired Driving

Distracted driving encompasses a number of actions on the road, from texting while driving to even taking a phone call. Impaired driving is generally defined as driving while intoxicated and under the influence of alcohol or drugs.

Reckless driving can also be a factor in determining fault. Reckless driving is a common cause for serious accidents, whether the reckless act is speeding, tailgating, or weaving in and out of traffic. Driving recklessly may be a result of distracted or impaired driving, or it could be a standalone factor.

Organizing the Facts

Once you’ve determined who’s at fault in an accident, organize the facts and prove your case. A few basic steps are involved when it comes to proving fault in an accident, and the first is to acquire your police report. Then, you’ll have to show that the accident resulted in a financial loss, whether that includes lost potential earnings in the event of a long-term injury, medical bills, and/or time off from work for treatment, surgery, rehabilitation, etc.

Statutes of Limitations

Keep in mind that you only have a specific amount of time to bring a case. Each state will have a different statute of limitations after an auto accident. For example, Arizona’s statute of limitations for wrongful death is two years.

Contact Your Attorney

Finally, it’s important to contact your attorney. Your lawyer can act as a liaison on your behalf after an accident, allowing you to recover and relax. Your attorney can also help you organize the facts of your case. This ensures you file well within the statute of limitations for your state.

Personal Injury Lawyer in Phoenix

Stay calm, organized, and collected after an accident. Ensure that you’ve gathered all possible information, including the police report, and proceed with an attorney. Review all options, even after a minor collision. Your lawyer will help make the process smooth and stress-free.

Contact our Phoenix injury lawyers at ELG Law today at (623) 562-3838 for a free, no-hassle consultation.