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What Type of Fault System Does Arizona Use?

What Type of Fault System Does Arizona Use?


Each state has its own procedure to handle accident injury cases. For some states like Florida for instance, a no-fault system is used. A no-fault system doesn’t assign fault. Instead of determining which party caused an accident anyone involved in an accident where there were injuries and damages obtains compensation through their own insurance policy. In fault states, there is a determination of who caused the accident. The individual who was injured by another party has the right to pursue compensation through the other party’s insurance. 

It is very important to know which system the state you have your accident in operates so you know how you can obtain compensation should you have the unfortunate experience of being in an accident. Arizona follows a fault-based system. When you have been injured in an Arizona car accident by a negligent party, you deserve compensation to pay for your costs. The Arizona car accident attorneys at ELG will examine your accident experience and work on your case so that you can obtain the maximum amount of compensation.

How Is Fault Determined In Arizona?

When one individual is injured as a result of the actions of another party, the injured individual can file a claim with the other party’s insurance provider. The claim will include all of the victim’s damages such as:

  • Medical expenses 
  • Lost wages when the injures from the crash prevented the victim from returning to work
  • Out of pocket expenses
  • Pain and suffering
  • Emotional trauma

Each accident is distinct and the damages that result also vary. These differences are what determine the value of the claim. Typically, if the damages that result from an accident are significant, they would be met with higher settlement amounts.

It is imperative that when you are in a car accident in Arizona that fault is confirmed. Depending on your accident, determining fault can be tricky and best suited for a clever Phoenix car accident attorney to work out. Not every crash is straightforward. Some accidents can have multiple parties who have some portion of fault. When there is an accident involving a large semi-truck, there are many parties that can be responsible including the truck driver, the trucking company, or the manufacturer of the products that are being transported by the truck. 

A legal professional knows where to look and how to gather all the evidence necessary to establish fault as well as use that information to negotiate a fair settlement on behalf of their client. Some of the resources that your attorney will use to strengthen your position include:

  • Video and photographic documentation from the accident scene
  • Police reports where the fault is included from the officer’s perspective
  • Witness statements and interviewing observers of what they saw
  • Reconstructing the accident scene to examine every detail
  • Reviewing electronic crash data 

Additional documentation that will be important to calculate the value of your claim includes all of the costs that you incurred as a result of the crash.

Where Can You Find an Arizona Car Accident Attorney?

What Type of Fault System Does Arizona UseELG is an experienced Phoenix personal injury law firm. We are happy to discuss your accident situation with you during a free consultation. Call ELG at (623) 877-3600 to schedule your free, no-obligation consultation.