A car accident can happen within an instant. However, the impact further extends beyond the scene itself. In Phoenix, we regularly see collisions occurring in high-traffic areas, such as the Interstate 10, Loop 101, or in busy corridors near Downtown Phoenix. What starts off as a sudden crash can result in physical discomfort, emotional distress, and financial burdens as a result of medical expenses, missed work, and vehicle repairs.
Many affected individuals are left having to take care of everything simultaneously, which can be stressful, especially if there is no clear understanding of what steps should be taken next. When a car accident happens because of someone else’s negligence, pursuing a claim may be ideal to recover compensation for losses incurred.
At West Coast Trial Lawyers, our Phoenix personal injury attorneys are readily available to step in and manage all legal aspects of your case, and help ease the burden so you have enough time to focus on healing without having to deal with any added stress.
Our team works on a contingency-fee basis, meaning that you do not pay us unless we win your case. To schedule a FREE consultation, you can reach out by calling (213) 927-3700 or completing our easy online contact form.
Why Should Phoenix Car Accident Victims Choose WCTL?
Choosing a law firm is more about than just credentials. It is about trusting a team to lead you through a process that may be overwhelming and stressful. With more than 20 years of combined experience and over $1.7 billion recovered on behalf of our clients, West Coast Trial Lawyers brings a level of insight that stems from taking on a range of cases and outcomes. Our team focuses on keeping your case clear and manageable. We provide:
- Consistent communication
- Transparent fee structure
- Thorough explanations
We are available 24/7 and offer multilingual support so you can get in touch with us when it is most convenient to you. From your initial consultation through resolution, our goal is to give you reliable guidance and support in addition to the level of attention that reflects the importance of your car accident case.
Common Types of Car Accidents We See in Phoenix
Car accidents can happen due to various reasons, and in most cases, liability will come down to knowing what led up to the crash. In our experience handling such claims in Phoenix, specific factors will appear more often than others.
Distracted Driving
Distracted driving is one of the most common causes we see in car accident cases. Even a few seconds of shifting your attention away from the road, whether from a phone or navigation system, can raise the risk of a collision.
These moments can trigger rear-end collisions, especially if you are surrounded with stop-and-go traffic, or even T-bone accidents if a driver does not notice a signal or right-of-way at an intersection.
Under car accident law (A.R.S. § 28-914), individuals cannot physically hold a mobile device or use it to communicate with others while driving. But, hands-free use is allowed, including voice commands and navigation. Those who go against this rule will be met with violations resulting in civil fines starting at $75 for a first offense and will gradually increase with repeat offenses.
Speeding
Speeding is another factor in the more serious crashes we see. This can reduce reaction time and make it difficult to maintain control of the vehicle. According to A.R.S. § 28-701, drivers will need to adjust their speed to avoid collisions. Specific limits that have been established in Arizona consist of the following:
- 15 mph near school crossings
- 25 mph in business or residential areas
- 65 mph in other locations
We often see speeding have a connection to rollover accidents, head-on collisions, and multi-car crashes. The force of such impact is stronger and injuries tend to be more severe. Anyone who does not comply with the regulations enforced will put themselves, and others, in danger. Legal repercussions will also be implemented if injuries and damages occur.
Driving Under the Influence
Impaired driving is another factor we commonly see in car accident cases. Whether alcohol or drugs are involved, it can heavily affect a driver’s reaction time and ability to safely operate a vehicle.
These cases are commonly tied to head-on collisions and wrong-way crashes since it affects a driver’s ability to react promptly to dangers or hazards, and may lead to serious or fatal outcomes. In Phoenix, the following circumstances may qualify as DUI (A.R.S. § 28-1381):
- Impairment to to the slightest degree due to harmful substances
- Blood alcohol concentration (BAC) of or above 0.08 within two hours of driving
- BAC of or above 0.04 for commercial drivers
Penalties for a first offense DUI are 10 days in jail, minimum of $250 fine (in addition to state fees), possible community service and mandatory traffic survival school, and ignition interlock device will be required if you are convicted of an alcohol-related offense. If two or more DUI offenses are made within 84 months, the following will be administered:
- At least 90 days in jail (30 days served consecutively)
- Minimum of $500 fine, plus state fees
- At least 30 hours of community restitution
- Revoked driver’s license for one year
- Ignition interlock device will be mandatory right after your license has been reinstated
Drowsy Driving
Driving while drowsy can be just as dangerous as impairment. We often see cases where a driver’s slowed reaction time leads to a crash. Under certain circumstances, drivers may even fall asleep behind the wheel, causing serious risk to other road users nearby.
These issues mimic the effects of alcohol impairment, making it just as harmful. Such reactions can contribute to single-vehicle accidents since drivers have a higher likelihood of drifting off the road. Rear-end collisions are also possible if traffic unexpectedly starts to slow down.
Vehicle Malfunctions
Not every accident is caused by driver behavior. In some cases we review mechanical failures, like brake issues or sudden engine problems. When that happens, the focus will shift to whether a manufacturer or repair shop contributed to the situation.
Below are some common instances of a defect causing a car accident:
- Brake failure can make it practically impossible for a driver to stop or slow down
- Tire blowouts may lead to loss of control
- Unexpected engine failure could force the vehicle to suddenly stop in the middle of traffic
These particular issues will make it difficult to control or respond to driving conditions, and trigger certain types of accidents, like rollovers or even multi-vehicle collisions. In many of the cases we review, these hazards are often outside of a driver’s control. Depending on the circumstances, liability may extend to:
- Manufacturers
- Distributors
- Dealerships
- Repair shops
Common Car Accident Injuries
After a car accident, injuries may not appear so obvious right away. We have come across cases where individuals think they are fine, only to deal with pain and other symptoms later on. Because of this, it is important to know the types of injuries that commonly occur and how they can develop over time, especially with no treatment.
Below are some forms of bodily harm affected individuals may experience following a car accident:
- Broken bones
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
Not all injuries are physical. Many accident victims have also experienced anxiety or post-traumatic stress disorder (PTSD) in the aftermath of the impact. Such effects can impact a person’s daily life and may be considered in a personal injury claim.
When it comes to the type and severity of injuries in a car accident, each individual will experience their own unique issues. It is critical to seek medical attention immediately after the incident to ensure proper documentation, timely care, and a full understanding of what your condition is. Keep in mind that all of these factors will play a significant role in protecting your claim.
What Factors Affect a Car Accident Settlement?
When it comes to car accident settlements, results will vary for each individual once evidence has been assessed. How a claim is valued will come down to what injuries you suffered, how it has progressed over time, and if the impact has affected your overall lifestyle.
Other notable factors that can affect a car accident settlement include:
- Lost wages and future earnings
- Liability and comparative fault
- Insurance coverage limits
- Property damage
Every case is different and settlement outcomes will be based on how these elements come together.
What to Do After a Car Accident to Protect Your Rights
What you do in moments following after a car accident can carry heavy weight throughout the legal process. We often notice situations where small decisions, like delaying care or having inadequate information, end up affecting how a claim is handled. To avoid facing any pitfalls, we encourage the following:
- Contact local law enforcement: If injuries or damages are present at the accident scene, you should contact your local law enforcement for immediate assistance.
- Seek medical attention: You should seek medical attention as soon as possible, even if you think you sustained minor injuries. A medical professional can evaluate the wounded area and determine whether you require long-term care. Records will be saved and can be used if you plan on pursuing a claim.
- Gather evidence: If possible, try to take photos or video footage of your injuries, vehicle damage, and the surrounding condition. Try to also get witness information as well if you notice any bystanders nearby.
- Exchange information: Try to share contact, vehicle, and insurance information with all parties involved.
- Speak to a Phoenix car accident attorney: Understanding your options in the beginning stages of the legal process can make a difference. Professional guidance will help you avoid making any missteps that can affect the outcome of your case.
How Is Liability Proven in a Phoenix Car Accident Case?
In most car accident cases, liability will come down to whether another party’s conduct contributed to unreasonable risks and led to a collision that resulted in harm. This includes proving the elements of negligence:
- The defendant had a duty of care
- The defendant failed to meet their legal duties
- There is a link between that conduct and the accident itself
- You suffered actual losses from the incident
Since Phoenix follows pure comparative negligence law, all parties will be assessed according to percentage of fault. If you contributed to the incident, you may still be entitled to recover compensation. However, it will be reduced based on the extent of recklessness you engaged in. So, if total damages are $100,000 and you were 20 percent at fault, you will be given an estimate of $80,000.
What Is Arizona’s Legal Deadline for Car Accident Claims?
In Phoenix, the statute of limitations to file a car accident claim is two years from the date of when the event occurred (A.R.S. § 12-542). This also applies if you are suing for property damage. Exceptions may extend the time limit. For instance, if the injury was not immediately apparent, the clock will start when the injury is discovered or should have been discovered.
It is important to have this completed in a timely manner, as missing the deadline can cause you to lose your opportunity to secure compensation. If you are unsure about how to move forward with your car accident case, you can get in touch with a Phoenix auto accident attorney for guidance and support.
What Damages Can Be Recovered After a Car Accident?
Each case will involve a different settlement value for a car accident. This is due to the unique challenges victims endure, affecting what they could be entitled to. Below are some factors that will be considered when calculating and distributing compensation:
- The severity of your injury
- Percentage of fault
- Current and future medical bills
- Lost wages and earning capacity
Generally, economic damages and non-economic damages are given. Economic damages are financial expenses, like hospital fees, lost income, and property damage. Non-economic damages are subjective, non-monetary losses that are difficult to measure in monetary terms, such as:
- Emotional trauma
- Loss of enjoyment of life
- Pain and suffering
In rare cases, punitive damages may also be awarded. These are made to punish the wrongdoer and prevent similar conduct in the future. It is usually given when the defendant’s actions are found to be especially egregious or malicious.
Schedule a Free Case Evaluation with West Coast Trial Lawyers Today
If you have been injured in a car accident, you may be eligible to file a claim against the at fault party to recover damages. At West Coast Trial Lawyers, our Phoenix personal injury lawyers will handle the details of your case while you prioritize your recovery.
We are here to support you every step of the way and ensure you get full compensation for the losses you incurred. To schedule a FREE consultation, you can get in touch with our experienced team by calling (213) 927-3700 or filling out our quick online contact form.
FAQ About Phoenix Car Accidents
What Happens if a Loved One Dies in a Car Accident?
When someone dies in a car accident, the surviving family members or the personal representative of the deceased person can file a wrongful death lawsuit (A.R.S. § 12-612). This includes:
- Spouse
- Children
- Parents
If none are available, the personal representative may bring the claim on behalf of the estate. In Phoenix, a wrongful death claim will need to be filed within two years from the date of the victim’s passing. Eligible parties may recover funeral and burial expenses, loss of financial support, and loss of companionship, care, and guidance.
What Affects My Chances of Winning a Car Accident Case?
The chances of winning a car accident lawsuit will vary depending on what factors are presented. While each case is unique, the chances at acquiring a favorable outcome will be influenced by the following elements:
- Who is at fault
- Evidence collected
- Severity of injuries
- Insurance coverage
- Legal representation
While there is no guarantee of success, working with a knowledgeable car accident attorney, having strong evidence, and following the right legal procedures can significantly better your chances of receiving satisfactory results.
What Happens if an Uninsured Driver Is Involved in an Accident?
Accidents involving uninsured drivers can make a complicated situation even more stressful. Without an active policy on the other side, the process of securing full financial recovery will not typically follow the usual path. We have met individuals who have been unsure of what options are available in such cases and whether it is still possible to recover damages.
Keep in mind that if you carry uninsured motorist (UM) coverage, this will cover medical bills and lost wages in addition to other damages. You can also pursue a claim against the at fault driver. However, the amount of compensation you are awarded will depend on their financial situation and if they are able to pay. If they lack coverage, your own insurance company can handle the claim. These will consist of negotiations and documentation requirements.
How Is Fault Determined in a Multi-Vehicle Collision?
In multi-vehicle collisions, we assess fault by looking into how each driver contributed to the moments leading up to the impact. Certain factors will be taken note of, like failure to maintain distance or delayed braking.
Rather than shifting blame onto one single party, responsibility will be divided in accordance with each driver’s role in the incident. Since Arizona is a pure comparative negligence state, each affected individual may be entitled to compensation. However, it will be adjusted based on their percentage of fault.
What Happens if a Car Accident Is Caused by a Vehicle Defect?
Not all car accidents are caused by driver error. Some will involve mechanical failure or a defective component that triggered the vehicle to act out. We are often met with circumstances where what seems to be a typical crash raises questions once the vehicle’s condition is evaluated more closely. If a defect is found, liability can extend to manufacturers or maintenance providers. Affected individuals may be entitled to pursue legal action against the at fault party to recover losses incurred.
What Should You Avoid Saying to an Insurance Adjuster?
Claims can be impacted by statements made to insurance adjusters when full context is not presented. Even if well-intended remarks were made, it can still be interpreted in ways that could shift liability or even downplay the extent of bodily harm you suffered. To keep yourself on the safe side, it is best to avoid doing either of the following:
- Admit fault or speculate what may have happened
- Minimize your injuries by claiming you are “fine”
- Guessing details, like speed or timing
Simply put, keep your statements limited to basic facts and do not provide unnecessary information that could tamper with your claim value.
Will My Insurance Rates Increase After a Hit-and-Run Accident?
In Phoenix, a hit-and-run does not automatically increase your insurance rates if you were not at fault under A.R.S. § 20-263. However, the outcome can depend on how the claim is filed. Using UM coverage is generally treated more favorably whereas filing under collision coverage or having multiple claims on your record could result in a rate adjustment.
