Accident Lawyers in Phoenix AZ
On any given day, driving is likely the riskiest action you’ll take, although the majority of individuals prefer not to dwell on this. If you or a loved one has been involved in a car accident in Phoenix, AZ, it is likely that you are feeling quite overwhelmed. It may seem as though filing a personal injury claim will only bring on more stress and complications to what is already a complex set of circumstances.
At Pincus Law Firm, we understand the stress that can result from an auto collision. We also know that you deserve to be fairly compensated for the financial losses and injuries that you’ve suffered due to your accident. If you have a valid claim, you may be able to recoup the losses you’ve endured, such as medical expenses, property damage, lost wages, etc., by taking legal action. Our team of award winning, experienced, and knowledgeable Phoenix auto accident lawyers will handle each aspect of the claims process, enabling you to focus your attention on recovering from your sustained injuries. And with our contingency fee, we’ll only be paid if we win.
Common Phoenix Car Accident Laws
Numerous car accident laws apply to motorists in Phoenix, Arizona. The following are a sample of the most common of those laws.
Obedience to Traffic Control Devices
Section 28-644: Unless otherwise directed by a traffic or police officer, drivers are required to abide by all applicable traffic control devices.
Section 28-693: A driver guilty of reckless driving can be fined or imprisoned for driving without regard for the safety of other individuals or property.
Reasonable and Prudent Speed
Section 28-701: Reasonable and prudent speed
Section 28-701(a): A motorist shall not drive a vehicle on a highway at a speed that excesses what is reasonable and prudent given the situation, conditions, or potential or actual existing hazards.
Driving on the Right Side of the Roadway or in the Shoulder
Section 28-721: A driver shall drive a vehicle on the right side of all roadways of adequate width, except in the following circumstances:
- When the right side of the road is obstructed due to construction or repair
- When the road is identified and marked for one-way traffic
- When the road is divided into three marked traffic lanes
- When passing another motorist traveling in the same direction
Passing On the Left
Section 28-723: Motorists traveling in the same direction must pass on the left while maintaining a safe distance and remaining in the passing lane until able to return to the right lane safely. Drivers who are being passed should not increase their vehicle’s speed until completely and safely passed by the overtaking vehicle.
Passing On the Right
Section 28-724: A driver may pass on the right of another car in the following circumstances:
- When the motorist being passed is about to make a left turn
- When a road has at least two lanes of traffic traveling in the same direction
- While on a one-way street that is wide enough for two or more vehicles to move side by side, free of obstructions.
However, drivers may only pass another car on the right under safe conditions. Passing on the right must require the driver to be able to do so without driving off the pavement or main portion of the road.
Following Too Closely
Section 28-730: A motorist must refrain from following another vehicle at excessive closeness, or closer proximity than what is considered “reasonable and prudent.” Drivers must take into account other drivers’ speeds and the traffic conditions present on the road.
If you are interested in learning more about the car accident laws that apply to collisions that occur in Phoenix, a search for “car accident attorney near me,” “car injury lawyer near me,” or “car accident lawyer phoenix” will guide you to Pincus Law Firm. Our team of lawyers will discuss the laws that may apply to your case with you and help you to obtain your deserved compensation.
Who is Responsible for the Accident?
Though you may know who caused your auto collision, you must be able to prove the other party’s carelessness or negligence to have a legitimate claim and ultimately receive financial compensation. Various factors exist that can demonstrate whether or not another party failed to uphold their duty of care, such as:
- Fatigued driving: As of late, tired drivers are often compared to drunk drivers, as fatigue can also cause significant impairment. When operated by a fatigued driver, a motor vehicle can become an incredibly dangerous, even lethal, weapon.
- Distracted driving: Although many individuals fail to recognize that a small distraction like changing the radio station or taking your eyes off the road to check a text message can cause an auto accident. It can change your life forever. In especially tragic cases, such small distractions can end the life of another driver. Collisions can result from drinking, eating, grooming, chatting, talking on the phone, or texting while driving.
- Driving without following the laws of the road or courtesy rules: Negligent actions that can result in serious accidents include changing lanes without signaling, speeding, tailgating, and cutting other drivers off. Such actions often lead to collisions that cause injury or death.
- Driving too fast: Contrary to what many may assume, a driver does not have to exceed the speed limit to be liable for a fatal collision. Driving at a speed unsafe for either traffic or weather conditions can result in that driver being found responsible for a crash.
- Drunk driving: Operating vehicles under the influence of alcohol or drugs puts motorists at a higher risk of causing a fatal accident.
- Reckless driving: Drivers who fail to abide by traffic control devices at intersections, like stop signs or red lights, often cause fatal crashes.
- Third-party negligence: Third parties are commonly found responsible for conditions, such as defective car parts and hazardous road conditions, that lead to auto accidents. Third parties should be held accountable for negligence just as drivers are.
To thoroughly back up your claim, it is imperative to compile as much evidence as you can. A simple search of “auto accident attorney near me,” “auto injury lawyer phoenix,” or “car accident lawyer phoenix az” will lead you to Pincus Law Firm. Our team is highly skilled and offers a wide breadth of experience in traffic accident cases that can prove invaluable during your claims process. By working closely with experts, thoroughly examining all evidence, and utilizing our robust resources, we can help you to build a strong case against the at-fault party.
Should I File a Lawsuit?
The majority of car accidents do not lead to a lawsuit or trial. Often anxious to settle with their insurance company and put the accident far behind them, involved parties typically have no desire to undergo a trial process. Nevertheless, certain circumstances exist that necessitate a lawsuit to recover adequate compensation needed following an accident. For example, an individual may move forward with a trial if an insurance company has refused to provide reasonable compensation to cover the damages that resulted from a car accident.
Unfortunately, an insurance provider may deflate the actual value of the damages you’ve endured or belittle the compensation permitted to assist your recovery from the injuries you suffered as a result of a car accident. Having an attorney on your side in the event that this occurs is extremely important, as they can negotiate with the insurance company, championing your rights as a victim to best obtain your deserved compensation.
The highly skilled and experienced team of attorneys at Pincus Law Firm will be happy to review and assess your legal options with you, helping you to determine if filing a lawsuit is, in fact, in your best interest.
What Types of Compensation Are Available for Car Accident Claims?
Often totaling thousands of dollars in medical bills, automobile repairs, and lost wages, a car accident can be a tremendously costly experience. However, acquiring fair compensation for an accident that occurred at no fault of your own can help supply vital monetary and medical assistance. And the ultimate goal of a personal injury claim is to obtain sufficient financial support for the injured victim, covering the resulting losses of an auto collision.
It is typical for insurance providers to offer up an inadequate sum of money for car accident victims. This insufficient financial compensation will often cover the absolute bare minimum or partial damages detailed in a claim. By working with a car accident lawyer in Phoenix with a wealth of experience and robust knowledge regarding common tactics leveraged by insurance companies, you may be able to elevate your likelihood of obtaining satisfactory compensation.
If one of our Pincus Law Firm Phoenix accident attorneys is unable to negotiate an adequate settlement from the insurance provider, it may be possible to file a personal injury lawsuit seeking additional damages, both economic and non-economic. Helping to cover bills, expenses, and property loss, economic damages offer victims compensation for the financial hardships they may have experienced, like damage to the vehicle, lost wages, inability for future earnings, and medical bills. On the other hand, non-economic damages assign a financial valuation to nonfinancial suffering and losses that may have resulted from a car accident, including death, inability to comfort loved ones, inability to comfortably publicly socialize as before the accident, injuries, and pain and suffering.
Under Arizona law, personal injury victims must generally file a claim within two years of an accident, or from the time a hidden injury was initially uncovered. As a result, those who wait until the two-year time limit has elapsed to file a claim are not permitted to pursue compensation. There are some exceptions that lower or alter this statute of limitations and it is important to contact an attorney to confirm the correct statute for your claim.
Furthermore, Arizona utilizes the rule of “comparative negligence” when determining whether or not compensation should be awarded for personal injury or property damage cases. As such, a jury ultimately determines the level of fault that either party has played in causing an accident. Under comparative negligence, you would be awarded $800 for a claim filed for $1,000 if the jury determines that you were 20% responsible for the car accident. Arizona Revised Statute Section 12-2505 determines that an injured party may recover compensation, even in the event that they are found to be 99 percent responsible for the crash. Nevertheless, if a car accident was caused by a defendant who intentionally caused or contributed to a victim’s injury, they will not be permitted to recover compensation.
For more information regarding the compensation you may be entitled to following a car accident, contact Pincus & Associates to speak with one of our knowledgeable and skilled Phoenix auto accident attorneys.
What Should I Do After a Car Accident?
Following a car accident, it is common for those who have sustained injuries to feel stunned, overwhelmed, or unnerved regarding the next steps they should take. Several steps are crucial to take in the aftermath of a car accident.
It is essential to note that in Phoenix, or anywhere in The Valley, for that matter, it is crucial to remain at the scene following your car accident. You must share your name, address, vehicle registration number, and driver’s license information with any person who sustained injuries or suffered property damage as a result of the collision. Nevertheless, you’re never to admit liability or make any apologies while at the scene. Following an accident, it is common for individuals to have feelings of confusion or disorientation. As a result, it may not be possible to determine fault without further examination.
Moreover, in Phoenix, those involved in accidents in which injuries or death occurs must promptly notify the Phoenix Police Department, Maricopa Sheriff’s Department, or highway patrol.
However, once you leave the scene, it is imperative to immediately seek medical attention. Suppose you feel as though you have not sustained any injuries. In that case, it is still crucial to seek medical attention as a hidden condition that could have serious, long-term effects if not adequately treated may persist. In promptly seeking medical attention following an auto accident, you will gather evidentiary documents illustrating that the injury sustained was a direct outcome of the car accident. It becomes increasingly difficult to prove that an injury resulted from the accident if you wait to see a medical professional.
Once you’ve received necessary medical care in the aftermath of your accident, you should immediately call Pincus Law Firm. It is imperative to refrain from speaking with any insurance representatives, whether your’s or the defendant’s, until you have consulted with one of Pincus Law Firm’s Phoenix auto accident lawyers. We will contact your insurance provider for you, ensuring that your rights remain protected.
Next, victims should collect as much information as they possibly can following an accident. Not only can this help to prove your claim, but it can also identify the responsible party. In the immediate aftermath of a car accident, you should exchange information with all involved parties, take photos of all involved vehicles, as well as any property damage and the scene of the accident — all of which can serve references for a claim. Police accident reports, hospital records, and any additional evidence from the scene of the accident would be essential to your claim as well, particularly if you weren’t successful in collecting photographic evidence or information about all involved drivers.
Under Arizona law, a two-year statute of limitations generally applies to auto accident injury claims. As a result, individuals who have sustained injuries from a car accident caused by another party must file a lawsuit or settle their claim within two years of the accident. Moreover, working with an insurance provider in the aftermath of an accident can bring on a host of difficulties. Protecting your rights throughout the legal process by ensuring you are not falsely blamed for the accident, a car accident lawyer in Phoenix can assist you in receiving your deserved compensation. And if it is not possible for your attorney to negotiate reasonable compensation, they can help you seek additional compensation by filing a personal injury lawsuit.
How Do I Prove the Other Driver was Liable?
To successfully file a claim for an auto collision, you must prove that the accident resulted from the other driver’s negligence. To prove negligence, these four elements must exist:
- Obligation of Duty: The other driver was obligated to act in a manner that would ensure other parties’ safety on the road.
- Breach of Duty: The other driver breached their duty to act as a reasonable person would under similar circumstances, failing to maintain the motorists’ safety on the road.
- Causation: The accident directly resulted from the actions of the driver.
- Damages: You sustained damages, whether in the form of injury or monetary loss, directly resulted from the driver who caused the accident.
For the other driver to be held liable for the damages that you have endured, the presence of these elements must be proven by a “preponderance of the evidence.” In other words, based on all of the evidence provided, it must be established that there is greater than a 50% chance that the plaintiff’s claims are true. Moreover, several forms of negligent driving could be considered a breach of duty on the at-fault driver, such as aggressive driving, distracted driving, failing to follow traffic laws, impaired driving, speeding, and sleep deprivation.
Furthermore, under the legal theory “negligence per se,” at-fault drivers in Phoenix may also be found liable. Negligence per se declares that the court will consider the actions of a defendant who violated a safety statute negligent without questioning if a reasonable individual would have acted the same way.
Although every auto accident claim is unique, claims become more complicated and challenging with every additional variable. However, our accident lawyers in Phoenix come with a great deal of experience in handling complex car accidents, even those concerning motorcycle crashes or truck collisions. At Pincus Law Firm, we’re happy to discuss your case’s specifics and assist you in evaluating which driver is responsible for causing the auto accident.
Why Should I Hire Pincus Law Firm
With a Pincus personal injury lawyer on your side, you won’t have to navigate the stressful, complicated, and sometimes scary aftermath of a car accident on your own. If you’ve endured an injury that resulted from an auto collision, you may face hefty medical expenses, loss of income, or a newly challenging living situation. And although insurance companies often attempt to pay you as little as possible, we are experts at putting a stop to this. Let us speak to any insurance representative, either yours or theirs, to get you paid the full amount you are legally entitled to.
At Pincus Law Firm, we only work on personal injury cases. Winning 98% of cases, our team of attorneys is highly skilled and experienced in the proper filing of car accident claims, and will work to obtain fair compensation for your injuries. Moreover, all of our firms, including our Phoenix location, are boutique-sized, allowing our lawyers to devote the necessary attention and personal service to your case. And besides your attorney, each victim will be assisted by an assigned staff person throughout the claims process.
Contact us or visit our website today for a free consultation. At Pincus Law Firm, you will have an attorney discuss the terms of your claim with you, helping you to determine the next steps. And all of our car accident lawyers in Phoenix work on a contingency fee, charging zero fees unless we win money for you.
WHY CHOOSE THE AUTO ACCIDENT LAWYERS AT PINCUS?
We win 98% of our cases. Personal injury is all we do and the results show.
FOCUS ON YOU
You and your case get the attention and personal service you deserve from our boutique sized firms.
NO FEE UNLESS YOU WIN
Our contingency fee means no money out of your pocket.
HEAR FROM FORMER CLIENTS
"I truly am thankful for Amara and her staff. They worked efficiently and provided exceptional customer service. The team is AWESOME!!! Amara never hesitated on responding to my emails. She cares about you and your needs. She is very compassionate about the work she does. She fought for a settlement on my behalf that was fair. I have already given a friend Amara's information and how great they are. I HIGHLY recommend Pincus Law Firm. You won't be disappointed with Amara and her awesome staff."
- Tammy B.
"I highly recommend Pincus and Associates to anyone injured in a car accident. They represented me in my case and I can no be more pleased and satisfied with the work they did representing me. Since the beginning to the end the treated me fairly respectfully and honestly. The frequently kept me updated on my case till they reached a settlement for me that I was very pleased with. Pincus and Associates is a great law firm i highly recommend to anyone needing representation !!!!!!!!! "
- Titan R.
"I wish to offer my sincere thanks for all your time and efforts put in to work on my car accident case. Yes I know it was your job and just what you do for all your clients. Yet, I so humbly appreciate it and would never have been able to navigate the system on my own to resolve the matter on my own. So, I believe in my case, a special thank you is in order."
- Sharleen M.
"Awesome personal injury lawyers that know a lot."
- Zachary Z.
REQUEST A FREE CONSULTATION
FILL OUT THE FORM BELOW TO RECEIVE A FREE AND CONFIDENTIAL INITIAL CONSULTATION