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Can You Sue a Deceased Arizona Driver for Causing an Accident?

Can You Sue a Deceased Arizona Driver for Causing an Accident?


There are always going to be risks when you hit the road no matter where in the country you may reside. In Arizona, fatal car accidents are common. There were close to 2.77 people who lost their lives in fatal crashes every day during the year 2018. In 2016, over 34,000 deaths occurred as a result of car accidents across the country. That year, Arizona lost 962 of our fellow residents from these fatal Arizona car accidents.

Simply because one party in an accident dies, it doesn’t automatically mean that if they were the at-fault party for the Arizona car accident that they the other party has no options when it comes to recuperating damage costs in the aftermath of that accident. In this situation, where a driver who caused an accident dies from injuries they sustained after the accident, there is still a path for the victim to seek compensation. While you have the ability to pursue a claim, it is a bit more complex than if the liable party survived their injuries. This is specifically why you need the help of an Arizona accident injury attorney so that you have the ability to obtain compensation for your losses.

What Happens When You Were Hit By A Driver Who Dies In An Arizona Car Accident?

Can You Sue A Deceased Arizona Driver For Causing An AccidentWhen the party liable for the accident dies, the victim would normally file a claim against the Estate of the person who died. The assets left by the deceased could help pay for the costs. When the deceased had a liability insurance policy, you could submit your claim to these insurance companies to start the process.

The good news is that in Arizona, it is required that drivers have liability insurance. Under the state’s law, the minimum driver’s must carry is $15,000 for bodily injury and $10,000 for property damages. When the driver is not the owner of the vehicle and they cause an accident the owner will most likely be held liable for the aftermath of the accident. Also, if you have uninsured or underinsured motorist coverage, anything that the coverage of the deceased driver’s insurance doesn’t pay will be made up with this safety net up to the policy limits.

Investigating an accident that isn’t clear-cut is much more difficult to do when the driver of the other party is dead. They can’t be questioned, and they can’t give their own account. Physical evidence about the accident scene’s details as well as the state of the deceased driver uncovered when an autopsy is done will help to determine how the crash took place and who was at fault or if both parties have some blame. If there are independent witnesses, these individuals will be vital to helping you prove your side of the story.

Where Can You Find An Arizona Automobile Accident Injury Attorney?

In the United States at any given time, there are more than 135 million drivers on the roads. Accidents happen so frequently that they are the number one reason behind personal injuries in the country. The Arizona serious injury attorneys at ELG will review the details of your case and help you with a claim when you have been victimized. Call our  Phoenix personal injury attorneys at ELG today at (623) 877-3600 to schedule your free consultation.