Car Accident Lawyer
Legal Support for Car Accident Claims
Car Accident Law Explained
Car accident law is a branch of personal injury law that addresses the civil legal remedies available to individuals injured in motor vehicle collisions caused by another party’s negligence. Under Arizona law, a person injured due to another driver’s careless or reckless behavior may be entitled to seek compensation for their losses. These cases often involve determining liability, understanding comparative fault rules, and navigating complex insurance policies. A clear understanding of these legal principles is crucial to protecting your rights after a collision.
Arizona Car Accident Statistics
- In 2023, Arizona reported 122,247 total motor vehicle crashes, resulting in 1,197 deaths and over 54,000 injuries—an average of 335 crashes every day.
- Phoenix alone saw 36,927 crashes, including 298 fatal collisions and nearly 15,000 injuries, making it the most dangerous city in the state for drivers.
- Speeding, distracted driving, and impaired driving remain the leading causes of serious and fatal crashes in Arizona.
Car Collisions in Arizona: Your Rights and Responsibilities
Car collisions can be life-changing events, with significant legal, financial, and personal consequences. At Garrison Law Firm, we help Arizona residents understand their rights and obligations after a car accident. Below, we explain the types of car collisions and the key Arizona Revised Statutes (A.R.S.) that govern these incidents.
Types of Car Collisions
- Rear-end collisions
- Side-impact (T-bone) collisions
- Head-on collisions
- Single-vehicle accidents
- Multi-vehicle pileups
- Collisions with parked or unattended vehicles
Each type of collision can involve different circumstances and legal considerations, but all are subject to Arizona’s traffic and accident laws.
Arizona Laws Governing Car Collisions
Arizona’s statutes require all drivers involved in car accidents to take specific actions, regardless of the type of collision. The relevant laws are found in Title 28 of the Arizona Revised Statutes.
1. Accidents Involving Injury or Death (A.R.S. § 28-661)
If a car accident results in injury or death, drivers must:
- Immediately stop at the scene or as close as possible.
- Remain at the scene until fulfilling the requirements of A.R.S. § 28-663 (providing information and assistance).
- Provide aid to injured persons and summon emergency help if necessary.
Leaving the scene in these cases is a serious offense:
- If the accident causes death or serious injury and the driver leaves, it is a Class 2 or Class 3 felony, depending on fault.
- For less severe injuries, leaving the scene is a Class 5 felony.
- Convictions result in mandatory license revocation for several years.
2. Accidents Involving Only Vehicle Damage (A.R.S. § 28-662)
When an accident causes only property damage (no injuries):
- Drivers must stop at or near the scene without obstructing traffic more than necessary.
- Remain at the scene until the legal requirements are fulfilled (providing information).
- Failing to stop is a Class 1 misdemeanor and may result in license suspension.
3. Duties After an Accident (A.R.S. § 28-663)
After stopping, drivers must:
- Provide their name, address, and vehicle registration number to the other party.
- Show their driver’s license upon request.
- Render reasonable assistance to anyone injured, including arranging transportation to medical care if needed.
4. Collisions with Unattended Vehicles (A.R.S. § 28-665)
If you hit a parked or unattended vehicle:
- Locate and notify the owner, or
- Leave a written notice with your contact and vehicle information in a conspicuous place on the damaged vehicle.
5. Police Reporting Requirements (A.R.S. § 28-667, § 28-674)
- Drivers are not always required to report accidents themselves.
- Police must file a written report for accidents involving injury, death, or property damage over $2,000, or when a citation is issued.
- Officers have up to 24 hours after investigating to complete the report.
- Although drivers are not always required to report a car collision to the police, it is generally best practice to report a car collision to the police to document the incident and get assistance in obtaining all the important information.
Quick Reference Table: Arizona Car Collision Statutes
| Situation | Statute | Required Actions | Penalties for Non-Compliance |
| Injury or Death | A.R.S. § 28-661 | Stop, remain, provide info, assist injured | Felony, license revocation |
| Property Damage Only | A.R.S. § 28-662 | Stop, remain, provide info | Misdemeanor, license suspension |
| Provide Info/Assistance | A.R.S. § 28-663 | Share contact/vehicle info, assist injured | Additional penalties may apply |
| Hit Unattended Vehicle | A.R.S. § 28-665 | Notify owner or leave written notice | Misdemeanor |
| Police Accident Reporting | A.R.S. § 28-667, § 28-674 | Police report required for serious accidents | N/A |
Car Collisions in Arizona: Why Immediate Medical Treatment Matters
Car collisions can happen in an instant, but their effects can last a lifetime. At Garrison Law Firm, we know that the moments and days after a crash are critical, not just for your health, but also for your legal and financial recovery. Here’s why seeking prompt medical treatment after a car accident is so important.
Why You Should Always Get Medical Attention After a Car Crash
- Hidden Injuries Are Common
Not all injuries are immediately apparent. Conditions like whiplash, traumatic brain injuries, or internal organ damage may not show symptoms until hours or days after the accident. Early medical evaluation ensures that these injuries are detected and treated before they worsen, potentially preventing long-term complications or life-threatening emergencies. - Protect Your Health and Recovery
Immediate treatment improves your chances of a full recovery. Doctors can provide the right care, order diagnostic tests (such as X-rays or CT scans), and create a treatment plan tailored to your injuries. - Strengthen Your Legal Claim
Medical records are essential evidence in any personal injury claim. Seeking prompt care helps establish a direct link between the accident and your injuries, making it easier to prove the other driver’s negligence caused your harm. Delays or gaps in treatment can give insurance companies ammunition to dispute your claim or minimize your compensation. - Avoid Disputes with Insurance Companies
Insurance adjusters may argue that your injuries weren’t caused by the crash if you wait too long to see a doctor. Consistent medical care and following your doctor’s advice help demonstrate the seriousness and legitimacy of your injuries, protecting your right to fair compensation.
Paying for Medical Treatment After a Car Accident
- Insurance Coverage
In Arizona, your health insurance is usually the first to cover your medical bills, but you may also have Medical Payments Coverage (MedPay) or Personal Injury Protection (PIP) as part of your auto insurance policy. The at-fault driver’s liability insurance is ultimately responsible for your damages, but settlements can take time, so your own insurance may pay first and seek reimbursement later. - No Upfront Payment Required
Many medical providers in Arizona will treat accident-related injuries without upfront payment, especially if you sign a lien agreement. This allows you to get necessary care while your legal case is pending. - Statute of Limitations
Arizona law generally gives you two years from the date of the accident to file a personal injury lawsuit. However, medical providers expect timely payment, so coordinating your care and legal claim is essential.
Navigating the Aftermath of a Car Accident
The period following a car accident can be difficult and disorienting. Medical treatment, car repairs, and insurance communications often occur simultaneously, all while the injured party is managing pain and recovery. It is important to take certain key steps during this time—such as documenting the scene, obtaining prompt medical attention, and consulting with a car accident attorney who understands applicable Arizona laws. These steps can significantly impact the outcome of a legal claim.
Understanding Your Compensation Rights
Individuals injured in car accidents may pursue compensation for both economic and non-economic damages. This includes medical expenses, lost wages, damage to personal property, and pain and suffering. In Arizona, compensation may also reflect future medical needs or diminished earning capacity when applicable. Determining the full value of a claim often requires detailed documentation, including medical records, employment information, and evaluations. Familiarity with the legal standards for damages helps injured individuals make informed decisions about pursuing their claims.
Key Considerations in Complex Car Accident Cases
Some car accident cases involve more complicated legal and factual issues. These typically arise in situations involving severe injuries, contested insurance claims, or fatal outcomes. Understanding the legal challenges unique to these cases is essential.
Accidents Involving Serious Injuries
Severe injuries—such as traumatic brain injuries, spinal cord damage, or permanent disability—require extensive medical care and long-term financial planning. Legal claims in these cases often involve medical analysis, vocational assessments, and projections of future losses. A detailed approach to documenting and presenting damages is necessary.
Insurance Disputes and Denied Claims
Insurance companies may attempt to limit payouts by disputing liability, minimizing the extent of injuries, or denying claims outright. Arizona law requires insurers to act in good faith, but claimants must often provide strong factual support to challenge unfair denials or underpayments. Knowing your rights under your policy and state law is critical in these situations.
Wrongful Death Claims
When a car accident results in the loss of life, surviving family members may bring a wrongful death claim under Arizona Revised Statutes § 12-611. These claims seek compensation for funeral expenses, loss of financial support, and emotional distress. Arizona law specifies which relatives may file such claims and outlines the potential damages recoverable.
Understanding these types of cases can help individuals and families recognize when additional legal procedures or litigation may be required to achieve a fair outcome.
Challenging Insurance Company Narratives
Insurance companies play a central role in the resolution of car accident claims, but their goal is often to minimize financial exposure. Common tactics include shifting blame, downplaying injury severity, or offering low settlement amounts. Arizona law allows injured parties to dispute these determinations and pursue the compensation to which they are legally entitled. Preparing a strong case with thorough documentation and legal analysis can help counteract insurer strategies and support a just resolution.
Common Insurance Company Tactics to Deny or Minimize Claims
Insurance companies are profit-driven businesses. After a car crash, they often employ specific strategies to reduce the amount they pay out. Here are some of the most common tactics:
1. Disputing Liability
- Insurers may argue that you were at fault, partially or entirely, even when the evidence suggests otherwise.
- They may exploit unclear accident reports or witness statements to shift blame away from their policyholder.
2. Downplaying Injuries
- Adjusters might claim your injuries are minor, pre-existing, or unrelated to the crash.
- They often question the necessity or cost of your medical treatment, sometimes using their own medical experts to challenge your doctor’s findings.
3. Quick, Lowball Settlement Offers
- Insurance companies may offer a fast settlement before you know the full extent of your injuries or damages.
- These offers are typically much lower than what you are entitled to under Arizona law.
4. Delaying the Claims Process
- Delays are a common tactic, with the hope that financial stress will force you to accept a lower offer.
- Prolonged delays can also push you closer to the statute of limitations, risking your ability to file a claim at all.
5. Misrepresenting Policy Terms
- Insurers may misinterpret or misrepresent your policy, claiming certain damages or injuries are not covered.
- They might point to exclusions or technicalities to deny your claim.
6. Using Your Statements Against You
- Adjusters may request recorded statements, then use your words out of context to argue you were not injured or were at fault.
- Innocent remarks can be twisted to minimize or deny your claim.
How Garrison Law Firm Can Help
- Comprehensive Investigation: We gather evidence, interview witnesses, and work with experts to build a strong case.
- Medical Documentation: We ensure your injuries are properly documented and supported by medical professionals.
- Aggressive Negotiation: We fight back against lowball offers and insurance company delays.
- Litigation: If negotiations fail, we are prepared to take your case to court to secure the compensation you deserve.
Contact Garrison Law Firm
Arizona’s car collision laws are detailed, and the penalties for non-compliance can be severe. If you are involved in a car accident, especially one involving injury or significant property damage, consulting with an experienced personal injury attorney can help protect your rights and ensure you fulfill all legal obligations.
If you have been injured in a car accident, it is important to understand your legal rights and options. Garrison Law Firm provides legal guidance to individuals and families navigating the complexities of car accident claims. To learn more or to schedule a free consultation, call (623) 915-1100 or complete our online contact form.