Car Accident Lawyers In Tempe Arizona
Although the majority of people prefer not to dwell on it, driving is most likely the riskiest action each of us takes daily. After you or a loved one has been involved in a car accident, it is normal to feel stressed out, overwhelmed, and upset. And although filing a personal injury claim may be the furthest thing from your mind, doing so can help alleviate stress and complications related to your accident.
By searching “car accident law firms Tempe” or “auto accident attorney Tempe,” you should find Pincus & Associates. And at Pincus & Associates, we know auto collisions often leave individuals shaken up and disturbed. But we also know what it takes to get you the compensation to which you are legally entitled. If your claim is valid and you’ve suffered financial losses and injuries as a result of your accident, our team may be able to assist you in recouping damages for medical expenses, property damages, lost wages, etc. An experienced and compassionate Tempe car accident lawyer from Pincus will manage each aspect of the claims process, allowing you to focus your attention on your recovery. And with our contingency fee, we’ll only be paid if we win!
Common Tempe Car Accident Laws
There are several car accident laws applicable to motorists in Tempe, Arizona. The following are some of the most common of those laws.
Obedience to Traffic Control Devices
Section 28-644: All drivers are required to abide by all applicable traffic control devices unless otherwise directed by a traffic or police officer.
Section 28-693: A driver guilty of driving recklessly, without regard for the safety of other people or property, can be imprisoned or fined.
Reasonable and Prudent Speed
Section 28-701(a): A motorist shall not drive a vehicle on a highway at a speed that exceeds what is reasonable and prudent based on the situation, conditions, and potential or existing hazards.
Driving on the Right Side of the Roadway or in the Shoulder
Section 28-721: On all roadways of adequate width, a motorist shall drive a vehicle on the right side, except in the following circumstances:
- When the right side of the road is obstructed as a result of construction or repair
- When the road is identified and marked for one-way traffic
- When the road is divided into three marked lanes of traffic
- 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. Drivers must remain in the passing lane until they can return to the right lane safely. When being passed, drivers must not increase their vehicle’s speed until passed completely and safely by the overtaking vehicle.
Passing On the Right
Section 28-724: In the following circumstances, a driver may pass on the right of another vehicle:
- When the motorist being passed is preparing to make a left turn
- When the road has a minimum of two traffic lanes traveling in the same direction
- When on a one-way street that is wide enough for at least two vehicle to move side by side without obstructions
With that being said, drivers may only pass another car on the right when it is safe to do so. This means that to pass on the right, the motorist must be able to do so while remaining on the road’s main portion.
Following Too Closely
Section 28-730: A motorist shall not follow another vehicle at excessive closeness or closer proximity than what is deemed “reasonable and prudent.” Drivers must take other drivers’ speed and existing traffic conditions into account.
If you would like to learn more about the car accident laws applicable to collisions that occur in Tempe, a search for “car accident attorney near me,” “auto accident lawyer Tempe,” or “car wreck lawyer Tempe” will direct you to Pincus & Associates. Our compassionate, understanding, experienced, and highly skilled team of attorneys will discuss the laws applicable to your case with you, helping you acquire the compensation you’re entitled to.
Who is At-Fault for the Accident?
To have a legitimate claim and ultimately acquire economic compensations, you need to be able to prove the other party’s negligence or carelessness — even if you feel you know who caused your car accident. Multiple factors may establish whether or not another party has failed to uphold their duty of care, including:
- Distracted driving: A seeming small distraction like removing your eyes from the road to view a sign or change the radio station can result in a life-changing auto collision. And in particularly tragic cases, these small distractions may even end another’s life. Fatal crashes can result from slight distractions as simple as drinking, eating, grooming, chatting, talking on the phone, or texting while driving.
- Driving too fast: Contrary to what many people believe to be accurate, a driver can still be liable for a fatal collision if they did not exceed the posted speed limit. Driving at a speed unsafe for either weather conditions or traffic can cause a motorist to be deemed responsible for a crash.
- Driving without abiding by the laws of the road or courtesy rules: Changing lanes without signaling, speeding, tailgating, or cutting other drivers off are just some of the negligent actions that may result in auto collisions that cause grave injuries or even death.
- Drunk driving: Driving while under the influence of alcohol or drugs can elevate motorists’ risk of causing fatal accidents.
- Fatigued driving: Today, it is common for tired motorists to be compared to drunk drivers, as fatigue can bring on significant sensory impairment. A motor vehicle can become a perilous, even lethal weapon when operated by a fatigued driver.
- Reckless driving: Motorists who fail to follow traffic control devices at intersections, such as red lights or stop signs, often cause deadly auto collisions.
- Third-party negligence: Third parties are often deemed at-fault for circumstances like defective car parts and hazardous road conditions that result in car accidents. Like negligent drivers, third parties should be held accountable for negligent actions.
To best support your claim, it is critical to provide the court with as much evidence as you possibly can. A simple search of “car accident lawyer Tempe,” “ auto accident attorney Tempe,” or “car accident lawyer near me” will direct you to Pincus & Associates. Compassionate, knowledgeable, and highly-skilled, our team offers a wide breadth of experience in traffic accidents that can prove invaluable during your claims process. Working closely with experts and, your Pincus attorney will use our robust resources to thoroughly examine all evidence, building a strong case against the at-fault party.
Should I File a Lawsuit?
Typically, most car accidents do not call for a lawsuit or trial. Involved parties tend to want to avoid the trial process, settling with insurers in an effort to quickly put the accident in the past. However, certain situations require a lawsuit to recover the fair compensation to which a party is entitled in the aftermath of an accident. For instance, if an insurance company has failed to provide reasonable compensation to recover the damages caused by the car crash, an individual may pursue a trial.
Sadly, insurance providers will often deflate the actual value of the damages suffered or denigrate the compensation permitted to assist one’s recovery from the injuries sustained as a result ofdue toan auto collision. For this reason, having an attorney on your side is incredibly important.
The experienced and caring team of attorneys at Pincus & Associates will review and assess your legal options with you, helping you determine if filing a lawsuit is the best choice for you. And your Tempe Pincus attorney can negotiate with insurers on your behalf, protecting your rights and working to acquire your deserved compensation.
What Kinds of Compensation Are Available for Car Accident Claims In Tempe?
Car accidents can be outrageously costly experiences and tend to result in thousands of dollars worth of automobile repairs, lost wages, and medical bills. For this reason, obtaining fair compensation for an accident that occurred at no fault of your own can provide critical monetary and medical assistance. Ultimately, a personal injury claim aims to acquire adequate financial support for the injured victim, covering the damages caused by an auto collision.
Insurance providers often offer up insufficient sums of money to car crash victims, which more often than not fails to cover partial or even the absolute bare minimum for damages expressed in a claim. Working together with an experienced, knowledgeable, and skilled Tempe car accident lawyer from Pincus, you may be able to boost your likelihood of acquiring satisfactory compensation.
If one of our Pincus & Associates accident attorneys cannot negotiate an adequate settlement from the insurance provider, it may be possible to file a personal injury lawsuit to pursue additional damages — both economic and noneconomic. Economic damages can assist victims to cover bills, expenses, and property loss, supplying victims with compensation for the monetary hardships they may have experienced as a result of a car crash, like vehicle damage, lost wages, inability for future earnings, and medical bills. Alternatively, noneconomic damages assign a monetary valuation to nonfinancial suffering and losses. Such damages that may have been caused by a car accident include death, inability to comfort loved ones, inability to socialize in public comfortably, injuries, as well as pain and suffering.
Personal injury victims must file a claim within two years of an accident, or from the time a hidden injury was initially uncovered, under Arizona law. Thus, individuals who allow the two-year time limit to elapse before filing a claim are not permitted to pursue compensation.
When determining whether or not compensation should be awarded for personal injury or property damage cases, Arizona draws upon the rule of “comparative negligence.” As such, a jury ultimately determines each party’s level of fault in causing the accident. If a jury deems that you are 20% responsible for the car accident and have filed a claim for $1000, you would be awarded $800 under comparative negligence. Furthermore, Arizona Revised Statute Section 12-2505 determines that an injured party may recover compensation, even if it is determined that they are 99 percent to blame for the crash. However, if a defendant intentionally caused or contributed to a victim’s injury, they will not be permitted to recover compensation.
Contact Pincus & Associates today to speak with one of our compassionate, experienced Tempe auto collision attorneys and learn more about the compensation you may be legally entitled to in the aftermath of your car accident.
What Should I Do Following a Car Accident?
In the aftermath of a car accident, individuals have often suffered injuries and feel stunned, frightened, overwhelmed, or stressed — particularly regarding what their next move should be. However, there are multiple critical steps that victims must take following their collision.
In Tempe, or anywhere in The Valley, for that matter, individuals must remain at the scene following a car accident. A victim is required to share their name, address, vehicle registration number, and driver’s license information with anyone who has suffered either injuries or property damage due to the car crash. However, while at the scene, it is essential to refrain from admitting liability or making any apologies. The reason for this is that auto collisions tend to leave people feeling confused and/or disoriented. Thus, it’s likely impossible to determine fault without further investigation.
Additionally, those involved in accidents in Tempe in which injuries or death results must quickly notify the Tempe Police Department, Maricopa Sheriff’s Department, or highway patrol.
Once you depart the scene, however, it is imperative that you promptly seek medical attention — even if you feel as though you have not suffered any injuries. You may have sustained hidden, internal injuries that can have serious, long-term effects if left untreated. And promptly seeking medical care in the aftermath of a car accident will enable you to gather evidentiary documents that establish that your injury was a direct result of the collision. If you wait to see a medical provider, it will likely become increasingly challenging to prove that the accident caused your injury.
After receiving all necessary immediate medical care, you should contact Pincus & Associates straight away. It is essential to abstain from speaking with any insurance representatives, whether yours or the defendant’s, until you have consulted with one of our experienced and highly skilled Tempe auto accident lawyers. Contacting your insurance provider on your behalf, we will ensure that your rights remain protected.
The next step is to gather as much information as possible in the aftermath of a car accident, as this can help support your claim and identify the responsible party. Under the direction of your Pincus attorney, you may want to capture photos of the involved vehicles and any property damage at the scene of the accident. Moreover, police accident reports, hospital records, and any additional evidence from the scene can serve as references for your claim, especially if it was impossible to acquire photographic evidence or information about the other parties.
Lastly, it is essential to note that a two-year statute of limitations applies to auto accident injury claims under Arizona law. Due to this, those who have suffered injuries from a car crash caused by another party may file a lawsuit within two years of when the accident occurred. Your Pincus car accident lawyer will protect your rights throughout the legal process, ensuring you are not falsely blamed for the accident and helping you to acquire the compensation to which you’re legally entitled. Your Pincus attorney will deal with your insurance provider as well, allowing you to avoid a whole host of difficulties and aggravations. And if your attorney can’t negotiate a reasonable settlement, they will help you seek additional compensation via a personal injury lawsuit.
How Do I Prove the Other Driver was Liable?
Victims are required to prove that another motorist’s negligence caused their auto collision for a successful claim. And the following four elements must be present to do so:
- Obligation of Duty: The other motorist was obligated to behave in a manner that would ensure other parties’ safety while on the road.
- Breach of Duty: The other motorist breached their duty to act a reasonable person would in a similar situation and failed to maintain the other parties’ safety while on the road.
- Causation: The motorist’s actions were the direct cause of the accident.
- Damages: Whether in the form of injury or financial loss, you suffered damages thatwhich directly resulted from the motorist who caused the accident.
In order for the other motorist to be held liable for the damages you’ve suffered, the presence of these elements must be proven by a “preponderance of the evidence.” This means that based on all of the evidence provided, it must be determined that there is more than a 50 percent likelihood that the plaintiff’s claims are factual. Furthermore, multiple types of negligent driving may be considered a breach of duty on the at-fault driver, including aggressive driving, distracted driving, failing to follow traffic laws, impaired driving, speeding, and sleep deprivation.
Also, under the legal theory “negligence per se,” at-fault drivers in Tempe can be deemed liable. Negligence per se proclaims that the court will consider a defendant’s actions in violation of a safety statute to be negligent without questioning whether or not a reasonable individual would have behaved in the same manner.
Each auto accident is entirely distinct. And claims become more challenging, complex, and overwhelming with every added variable. Nevertheless, in Tempe, our accident lawyers offer a wealth of experience in handling complicated car accidents — even those involving motorcycle crashes or truck collisions. At Pincus & Associates, we’re happy to discuss the specific details pertaining to your case and help you to evaluate which driver was responsible for causing your car accident.
Why Should I Hire Pincus & Associates As My Car Accident Lawyer?
With the support and assistance of a Pincus personal injury lawyer, you won’t have to navigate the overwhelming, complicated, upsetting, and often frightening aftermath of an auto collision on your own. You’ll likely face exorbitant medical expenses, loss of income, or a newly challenging living situation if you’ve suffered an injury as a result of a car crash. And unfortunately, insurance companies usually try to pay you as little as possible. But not to worry — at Pincus & Associates, we’re experts at putting a stop to this. Let us speak to any insurance representative, whether yours or the other party’s, to get you paid the full amount to which you’re legally entitled.
Moreover, we only work on personal injury cases. Winning 98% of cases, our experienced, compassionate, and highly skilled team of attorneys know how to file car accident claims properly and will work to acquire fair compensation for your damages. Additionally, each of our firms, including our Tempe location, is boutique-sized, enabling our attorneys to devote the attention and personal service that you deserve to your case. And along with the support of your lawyer, each victim will be paired with an assigned staff person who will assist you throughout your claims process and trial.
Contact us or visit our website today to schedule your free consultation! A member of our team will gladly discuss the terms of your claim with you, helping you to determine the best next steps. Furthermore, in Tempe, each of our car accident attorneys operates on a contingency fee, which means you’ll be charged 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.
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