Phoenix Car Accident Lawyer

A car accident is an unfortunate event that can happen unexpectedly and instantaneously. The consequences can last far beyond the incident itself. Whether it is minor or severe, the aftermath can involve physical or mental trauma, along with financial burdens involving medical bills and property damage. Car accident victims may find themselves struggling to handle these issues. But, in such cases, they are entitled to sue the at fault party to seek justice.

At West Coast Trial Lawyers, our Phoenix car accident lawyers are readily available to step in and take on legal complexities associated with your lawsuit to make sure you heal with no added stress throughout the entire process. With over 20 years of experience handling personal injury cases and a proven track record in delivering client satisfaction, we are confident that, with our expertise, we will get you the compensation you deserve for your losses.

We operate 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 to our 24/7 legal team by calling  (213) 927-3700 or completing our easy online contact form.

Types of Car Accidents

Car accidents can vary in severity and cause. Let’s discuss each type below.

Rear-End Collisions

Rear-end collisions happen when one vehicle strikes the back of another. This is usually triggered by:

• Distracted driving
• Tailgating
• Sudden braking
• Speeding
• Faulty brakes

T-Bone Accidents

A T-bone accident, also referred to as a side-impact collision, occurs when the front of one car crashes directly into the side of another, creating a “T” shape. These often happen at intersections or parking lots, and are dangerous since the side of a vehicle does not have adequate protection compared to the front or rear.

Common factors that can lead to such an outcome include the following:

• Failure to yield
• Drunk driving
• Poor visibility
• Running a red light or stop sign

Rollover Accidents

A rollover accident transpires when a vehicle flips over to its side or roof. This is more severe due to the intense force involved, as well as the risk of ejection from the vehicle. There are two types of rollover accidents:

• Tripped rollovers: This occurs when the tires strike an object, such as a curb or another vehicle, causing it to flip.
• Untripped rollovers: This is less common, and happens when the vehicle loses control and flips without making contact without hitting anything, often resulting from speeding or sharp turns.

Head-On Collisions

Head-on collisions take place when the front of two vehicles crash into one another. This is one of the most dangerous types of car accidents, as the force of contact is typically high due to both vehicles moving toward each other, increasing the chances of serious or fatal injuries. It can be triggered by:

• Excessive speeds
• Driver inattention
• Impaired driving
• Fatigue

Single-Vehicle Accidents

A single-vehicle accident involves only one vehicle, meaning no others are directly involved. Liability usually falls on the driver responsible for the car crash. But, in some cases, it can be caused by:

• Defective vehicle parts
• Hazardous road conditions
• Negligent drivers

To understand who to hold accountable for damages, you can get in touch with our Phoenix personal injury attorneys. We can assess the information provided and identify the at fault party. From there, we will pursue legal action on your behalf to make sure you get the justice you deserve.

Multi-Vehicle Accidents

A multi-vehicle accident involves three or more vehicles, leading to a chain reaction of crashes. This will usually take place on:

• Highways
• Congested traffic
• Busy intersections

Shared fault is possible in such a case, especially if more than one party engaged in negligent behavior, like following too closely behind or speeding.

What Can Cause a Car Accident?

Several factors can lead to a car accident. Here’s a breakdown of each one.

Distracted Driving

Drivers are required to keep their focus on the road when traveling. If they allow other factors, like a cell phone, to distract them from their surroundings, even for a second, it will increase the risk of a collision.

Under car accident law (ARS 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 can greatly affect a driver’s ability to safely navigate the road. Doing this can:

• Reduce your reaction time
• Prevent you from stopping at the right moment
• Lose control over your vehicle
• Limit your ability to detect hazards promptly

According to ARS 28-701, drivers will need to adjust their speed to avoid collisions. Specific limits that have been established in Arizona include the following:

• 15 mph near school crossings
• 25 mph in business or residential areas
• 65 mph in other locations

Speed will need to be reduced when approaching:

• Intersections
• Curves
• Hill crests
• Narrow roads
• Bad weather
• Heavy traffic

Those who do not comply with these regulations will put themselves, and others, in danger. Legal repercussions will also be enforced, especially if such actions resulted in a collision.

Driving Under the Influence

It is prohibited for drivers to operate a vehicle while under the influence of drugs, alcohol, or intoxicating vapors (ARS 28-1381). The following factors will qualify as DUI:

• Impairment to any 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 consecutive days in prison
• Minimum of $250 fine, in addition to state fees
• Possible community service and mandatory traffic survival school
• 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

Individuals who are in control of a vehicle while experiencing fatigue can expose themselves to danger. With inadequate rest, it will cause them to have:

• Slower reaction time to sudden changes
• Poor decision-making
• Increased risk of falling asleep

These issues mimic the effects of alcohol impairment, making it just as harmful.

Vehicle Malfunctions

Malfunctions can greatly compromise the safety and control of a vehicle, thus raising the likelihood of crashes. When critical systems become unresponsive or nonfunctional, it can result in dangerous situations while on the road. 

Below are some common instances in which vehicle malfunctions can trigger a collision:

• Brake failure can cause a driver to have the inability to stop or slow down
• Tire blowouts may leads 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 accidents. Liable parties in such a case may include:

• Vehicle manufacturer
• Car dealer
• Mechanics
• Repair shops
• Previous owner

Road Hazards

Road hazards, like potholes or debris, can contribute to car accidents by creating dangerous road conditions that can affect a driver’s ability to safely navigate themselves when traveling. These are often beyond a driver’s control, and can lead to accidents, especially if they were not prepared or alert of the obstacles nearby. Given the circumstances, potential liable parties may involve:

• Government agencies
• Construction companies
• Private property owners
• Utility companies

Common Car Accident Injuries

Car accidents can lead to minor to severe injuries, and even death. Common forms of bodily harm that may arise after impact include:

• Broken bones
• Cuts and lacerations
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

How to Get the Best Settlement From a Car Accident?

To get the best settlement from a car accident, it is important to gather substantial evidence and get an expert Phoenix personal injury lawyer on your side to improve your chances at seeking compensation. 

Below, we will provide a more detailed overview of what steps to take.

Contact Your Local Law Enforcement

If injuries or damages are present at the accident scene, you should contact your local law enforcement for immediate assistance. They will arrive shortly after and conduct a written report about the situation. Paramedics may also show up to provide medical care to the injured party.

Seek Immediate 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. Imaging tests may be administered, and if notable problems have been detected, it will be diagnosed. You will then receive a treatment plan to help with your recovery process.

Exchange Information with All Parties Involved

Be sure to exchange contact, vehicle, and insurance information with all parties involved.

Speak to a Phoenix Car Accident Attorney

Consulting with a Phoenix car accident attorney can benefit you in several ways. This includes the following:

• You will receive clear guidance on what legal rights and options you have available
• They will initiate an investigation to help prove liability and support your case
• Your lawyer will negotiate with the car insurance company to ensure you get a fair settlement agreement
• You will be represented in court if your lawsuit heads to trial
• You can recover from the accident while your lawyer handles all legal aspects

If you are involved in a car accident, acquiring legal representation can protect your interests and ensure you are on the right path to get maximum compensation.

Proving Liability

To establish liability in a car crash, you will need to demonstrate the elements of negligence:

• The defendant had a duty to drive safely
• The defendant failed to uphold their duty of care
• The breach of duty was the direct cause of the car accident
• You sustained injuries and damages as a result of the impact

Since Phoenix follows pure comparative negligence law, all parties will be assessed according to percentage of fault. If you accounted for the incident, you may still be entitled to recover compensation.

However, it will be reduced based on the extent of recklessness you contributed. So, if total damages accumulated to $90,000 and you were 30 percent at fault, you will be given an estimate of $63,000.

Possible defendants in a car accident lawsuit may include:

• The other driver
• Vehicle manufacturer
• Vehicle owner
• Government entity
• Other road users, like pedestrians or cyclists

What Is the Arizona Car Accident Statute?

In Phoenix, the statute of limitations to file a car accident claim is two years from the date of when the event occurred (ARS 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 an auto accident attorney for guidance and support.

Available Compensation in a Car Accident Case

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

To learn what you may be owed, you can use our personal injury settlement calculator by entering the losses you suffered from the collision.

Generally, economic damages and non-economic damages are granted. 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 behavior in the future. It is usually given when the defendant’s actions are found to be particularly egregious or malicious. 

Schedule a Free Case Evaluation with West Coast Trial Lawyers Today

Car accident victims are eligible to take legal action to recover damages. At West Coast Trial Lawyers, our skilled Phoenix personal injury lawyers will step in to take on the challenging tasks while giving you time to recover with a peace of mind. We will work diligently to ensure you are well taken care of and that you get fair compensation.

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

Is Arizona a No-Fault State for Auto Accidents?

Arizona is not a no-fault state for auto accidents. They follow a fault-based system for identifying liability in vehicle collisions. This means that the driver who is responsible for the impact will need to cover the damages, either through their own insurance or out-of-pocket.

What Are the Common Mistakes to Avoid When Hiring a Phoenix Car Accident Lawyer?

Finding the right personal injury law firm to represent you is crucial. You should avoid these mistakes when undergoing the hiring process:

• Choosing someone who lacks experience with car accident cases
• Failing to review their track record
• Forgetting to ask about fees and payment structures
• Not asking about communication and availability
• Rushing the decision without properly finding a suitable attorney

By avoiding these mishaps, you can better your chances at picking a qualified Phoenix car accident lawyer to assist you with the legal process.

What Happens if Someone Dies in a Car Accident?

When someone dies in a car accident, the surviving family members or the legal representative of the deceased person can file a wrongful death lawsuit (ARS 12-612). This includes:

• Spouse
• Children
• Parents
• Other dependents of the deceased

A wrongful death claim should be filed within two years from the date of the victim’s passing. In some cases, the time limit will not start until the family discovers or reasonably should have discovered the cause of death.

The following are some damages that may be awarded:

• Medical bills
• Funeral and burial costs
• Loss of financial support
• Loss of consortium

What Are the Chances of Winning a Car Accident Lawsuit?

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:

• Clear evidence of fault
• Demonstration of losses endured
• An experienced Phoenix car accident lawyer on your side
• Witness statements

While there is no actual guarantee of success, working with a knowledgeable legal representative, having strong evidence, and following the right legal procedures can significantly better your odds at getting satisfactory results.