Car Accident Attorneys Serving Phoenix and Surrounding Areas in Arizona, Including Kingman, Bullhead City, and Mohave County
Car accidents are an everyday part of life. In Phoenix, Arizona, throughout the state, and across the nation, people are seriously injured on a daily basis in automobile accidents that are not their fault. While countless factors ranging from speeding, to drunk driving, to poor weather conditions can cause car accidents, distracted driving is the leading cause of motor vehicle crashes in the United States. Whether the driver is texting, eating, talking on a cell phone or engaging in other activities that take his or her eyes off of the road, distracted driving is a very serious problem that injures thousands of innocent people each year. For these reasons, it is imperative that anyone who has been involved in a collision consult with an experienced Phoenix car accident lawyer.
Were you hurt in a car accident in Phoenix? Did you lose a loved one due to another driver’s negligent actions on the road? If so, you may be eligible for compensation, and we can help you recover the damages you deserve. To file an auto accident claim, contact Hirsch & Lyon Accident Law today. Our injury attorneys care about your rights as a victim of a car crash and will help you obtain justice for your losses.
How Common Are Car Accidents in Arizona?
In Arizona, car accident lawsuits (brought by an injured plaintiff against one or more negligent defendants) are rather common — reflecting the relatively high frequency of motor vehicle accidents in the state overall, and to an extent, indicative of the significant, potentially life-altering damage that a car accident can inflict upon the victim. According to a recent report conducted by the Arizona Department of Transportation, for example, there were 126,845 total motor vehicle crashes in the state of Arizona for 2016, with 962 fatalities and 56,636 injuries. Causes of injury were varied, with a significant proportion of accidents accounted for by driver intoxication, among many other factors. If you have been injured due to the fault of another — whether a driver, manufacturer, or public/private landowner — you may be entitled to recover damages to compensate you for your injuries, pursuant to Arizona law. It’s not always easy to understand whether you have an actionable car accident injury claim, however. What may seem to be a dead-end claim to the layperson may actually be worth litigating. A skilled Phoenix car accident lawyer will be able to assess your injury claims and determine whether you have an actionable claim through which you can recover.
For example, suppose that you are injured in what first appears to be a straightforward car accident lawsuit. The defendant-driver injured you in a rear-ending incident at a stop sign. Further investigation reveals that your airbag failed to deploy, thus resulting in injuries that could have otherwise been prevented. Your case may therefore involve multiple defendants, including the airbag manufacturer, and may involve product defect claims, too. An experienced Phoenix car accident attorney will parse the incident and your various claims and help you move forward with an effective legal strategy.
How Much Time Do You Have to File a Claim After a Car Accident in Phoenix?
In Phoenix and throughout Arizona, as in other states, you have a limited period of time during which you can file your claims against the relevant defendants. According to Arizona Statute Section 12-542, motorists who suffered a personal injury in an auto accident only have two years to file a car accident claim. As such, it is critical that you consult with a qualified car accident attorney if you’ve been involved in an auto crash in Phoenix as soon as possible. Here at Hirsch & Lyon, we are dedicated to our clients and committed to litigation on their behalf. Our team is not only experienced, but have a track record of success in obtaining compensation for our clients (with over $100M in damages recovered for our clients and their families). To schedule a free consultation with one of our Arizona car accident lawyers, call 602-535-1900 today.
Most Common Causes of Car Accidents
Several factors can contribute to a car crash. Although some auto collisions occur due to unforeseen circumstances, such as hazardous weather conditions, the vast majority are caused by another person’s negligence. The most common factors that can lead to a car accident include, but are not necessarily limited to:
- Intoxication (DUI)
- Driving while exhausted or fatigued
- Unlicensed driving
- Distracted driving
- Failure to yield
- Failure to stop
- Improper lane changes
- Failure to inspect the vehicle
- Improper cargo loading
- Car defects
- Road hazards, including debris and roadway defects
- And more
Arizona Comparative Fault: What This Means for Auto Accident Victims
Arizona implements the doctrine of pure comparative fault — otherwise known as pure comparative negligence. So, what is pure comparative fault, and how does it affect a plaintiff’s car accident claims?
In Arizona, pure comparative fault is a means by which the court can allocate liability among multiple parties, including the plaintiff. Many cases are complicated by various factors, and do not implicate just one party — in fact, multiple parties may each have contributed to the accident at-issue by engaging in negligent behavior. Each faulty party will be assigned a portion of the total fault.
The concept of “pure comparative fault” can be confusing without some additional context. Let’s walk through a quick example for clarification.
Suppose that you are injured in a car accident on the highway. The defendant-driver was driving while distracted, and was talking on their mobile phone at the time — their negligence led to a collision with you on the highway. The facts reveal that you might be partly to blame as well, because at the time of the collision, you were speeding. Had you not been speeding, you may have been able to brake or turn in time to avoid a collision with the defendant-driver.
Application of Arizona pure comparative fault will require that the court assess each party’s respective fault contribution. Ultimately, the court may find that the defendant was largely to blame for the accident. The court may — after presentation of the facts — determine that the defendant was 80% responsible, and that you were 20% responsible. Under a pure comparative fault system, the fact that you contributed to your injuries does not prohibit you from recovering damages. Instead, your damage recovery will simply be reduced to match the actual liabilities. Here, if your claim was worth $500,000 in total, you would only be entitled to recover $400,000.
When multiple parties are at-fault (i.e., multiple drivers in a car pileup on the highway), each party will have a fault percentage assigned to them. Each party will be held liable for their percent contribution.
Injured in an Auto Wreck in Phoenix? Contact a Phoenix Car Accident Lawyer at Hirsch & Lyon Today
Hirsch & Lyon is a Phoenix-based injury law firm that has focused entirely on providing top-tier legal advocacy for the victims of car accidents, truck accidents, and motorcycle accidents. The Phoenix personal injury attorneys at Hirsch & Lyon have over 65 years of combined experience, with a long track record of success in obtaining favorable results for clients, whether through settlement negotiations or at trial.
At Hirsch & Lyon, we understand that client engagement is crucial to success. Our staff is available 24/7 to respond to any questions or concerns you may have. For your convenience, we are also available to make hospital and home appointments. As we are confident in our ability to serve our clients, our injury lawyers provide legal services at a discounted rate (our contingency fee is 25%, and up to 30% if the case proceeds to trial, plus costs). When you win through Hirsch & Lyon, you keep more of it for yourself!
Call 602-535-1900 or contact us online to set up a free consultation with one of our our Phoenix car accident lawyers today. Our legal team will assess your claims and help you navigate the challenging landscape of car accident litigation.
Phoenix Car Accident FAQs
Q: What recovery options are there if the negligent driver is uninsured or underinsured?
A: If the negligent driver is uninsured or underinsured, you can make a claim against your own insurance company (you can stack your own coverage on top of the at-fault driver’s liability coverage, for example). Alternatively, depending on the circumstances of your case, you may be able to file a claim against other liable parties who contributed to your injuries.
Q: What is the statute of limitations deadline for a car accident claim?
A: In many cases, the statute of limitations for any Arizona personal injury lawsuit — including car accidents — is two years from the date of injury, though in some instances, the statute of limitations period may be different depending on the defendant(s), among other factors. For example, if you have been injured by a public entity or public employee (i.e., a bus driver), you’ll have to serve a claim within six months of the date of injury. If you fail to serve a claim before the applicable statute of limitations deadline passes, you will be prohibited from recovering for your claims under Arizona law. Trying to decipher the correct statue of limitations for your case can be extremely complicated. Do not rely on general information about the laws you may find online. Instead, contact a car accident attorney to confirm the statue of limitations for your specific case.
Q: What compensation can a car accident victim expect?
A: You can claim both economic and non-economic damages for personal injuries suffered in a car accident in Phoenix. These include damages for wage loss, medical expenses, loss of future earning capacity, pain and suffering, emotional distress, quality of life deterioration, and more.
Q: What types of injuries can auto accident victims suffer?
A: Auto accidents can lead to a variety of serious injuries, which can often be fatal. Some of the most frequently experienced personal injuries following a car crash include: lacerations, head injuries, neck injuries and whiplash, fractures, herniated discs, spinal cord injuries, limb loss, and paralysis.
Q: Do I need to hire a personal injury lawyer after a car accident?
A: If you’d like to recover the full compensation you deserve for injuries and property damage you suffered in an auto wreck, it is crucial that you consult with an experienced Phoenix car accident lawyer. Your attorney will provide a range of services — from the investigation of the facts, opening up negotiations with the responsible parties, filing your claims, handling communication with other parties, including insurance providers, and much more — that are invaluable as you begin the process of litigation.
Q: What should I do after a car accident occurs?
A: If you’ve suffered injuries in a car accident, your priority should first be to seek emergency medical aid. Once you have been provided adequate medical care for your injuries, you should follow-up on your care and have qualified physicians assess your injuries in full. Further, after your immediate medical needs have been met, it’s critical that you consult with a Phoenix auto accident attorney so that your claims can be litigated.
Q: How long do I have to report the accident to my insurance company?
A: Arizona law does not require you to report your car accident to your insurance provider, but your auto insurance policy contract will likely require you to do so within a specified period of time. Generally, you’ll have a few days to report the accident to your insurer. Your insurance provider is not your ally, however, so don’t accept a settlement offer until you have consulted with a car accident attorney.
Q: Do I need to file a police report if I was involved in a car crash?
A: If you or someone else involved in the car accident has suffered an injury, then one of the drivers involved in the accident will have to report the incident to the relevant law enforcement authorities. Filing a police report is especially important if the accident was caused by another driver’s negligence. The auto accident report can help substantiate your claim and serve as evidence in your defense. Still, it is no substitute for hiring legal representation. While the police report can significantly help your claim, the experience of a personal injury attorney who focuses their practice on car accidents can mean the difference between getting little or no compensation after your crash and getting the maximum damages you deserve and are rightfully entitled to.