Car Accident Lawyer in Phoenix, Arizona
Car accidents happen all too often on the streets of Phoenix, Arizona. From minor dings to major wrecks, car accidents can cause serious injuries, long term financial burdens and complex legal problems for everyone involved. Whether you are a driver, passenger, pedestrian or cyclist, the aftermath of a car accident can have long term effects on your body, mind and wallet.
At Keller Swan we help car accident victims navigate the legal maze that follows. Our team of expert attorneys practice car accident law in Phoenix, Arizona so our clients get personalized representation, fair compensation and support.
Car Accidents: What Are They?
A car accident is any collision or incident involving a motor vehicle that results in injuries, fatalities or property damage. Car accidents are caused by a combination of driver error, external factors or equipment failure. There are many types of car accidents and each one presents its own unique legal issues.
Types of Car Accidents
- Rear End Collisions: These occur when one vehicle hits the back of another. They happen in high traffic areas and are often caused by distracted driving, tailgating or sudden stops.
- Head-On Collisions: These are the most dangerous type of car accident. They occur when two vehicles traveling in opposite directions collide front to front. Head-on collisions often result in serious injuries or fatalities.
- T-Bone or Side-Impact Collisions: A side-impact collision occurs when one vehicle hits the side of another, often at an intersection. This type of accident can result in serious injuries to the occupants of the vehicle that was hit.
- Sideswipe Accidents: These occur when two vehicles traveling in the same or opposite directions make contact, often due to unsafe lane changes or merging.
- Rollover Accidents: Rollovers are often caused by sharp turns, speeding or collisions with other vehicles. These accidents are particularly dangerous because passengers can be ejected from the vehicle.
- Pedestrian and Cyclist Accidents: Pedestrians and cyclists are most vulnerable in car accidents because they have no vehicle protection. Even low speed collisions can result in serious injuries or fatalities to pedestrians and cyclists.
Personal Injury Car Accident Laws in Phoenix, Arizona
Arizona car accident laws are designed to make sure accident victims get fair compensation for their injuries and losses. Understanding the law in Phoenix is key for anyone who wants to sue and hold someone accountable for their negligence.
1. Fault-Based System in Arizona
Arizona is a fault-based state for car accidents. This means the driver who caused the accident (or their insurance company) is responsible for paying the injured parties. Determining fault is a big part of every car accident case because it determines who will pay for medical bills, lost wages, property damage and other financial losses.
After a car accident, insurance adjusters and attorneys will investigate the accident to determine fault based on:
- Police reports
- Witness statements
- Vehicle damage assessments
- Accident scene evidence, such as skid marks or debris
2. Comparative Negligence Rule
Arizona is a pure comparative negligence state which means an injured party can recover damages even if they were partially at fault for the accident. But the amount of damages awarded will be reduced by the injured party’s percentage of fault.
For example, if you are 20% at fault for an accident and the total damages are $100,000, you would still be able to recover $80,000.
This is different from modified comparative negligence states where plaintiffs can’t recover if they are more than 50% at fault.
3. Arizona’s Minimum Insurance Requirements
Arizona law requires all drivers to carry a minimum amount of liability insurance to cover damages from car accidents. The minimum required coverage is:
- $25,000 per person
- $50,000 per accident
- $15,000 per accident
These minimums are in place so that car accident victims can recover some money even if the at-fault driver doesn’t have enough personal assets to pay for the damages. But these minimums may not cover all the expenses from a serious accident so many people choose to sue for more.
4. Uninsured and Underinsured Motorist Coverage
Arizona does not require drivers to carry uninsured/underinsured motorist coverage but it’s highly recommended. This type of coverage protects you if you are involved in an accident with a driver who:
- Has no insurance (uninsured)
- Doesn’t have enough insurance to cover your damages (underinsured)
Given the number of uninsured or underinsured drivers out there, having this coverage is key to making sure you get fair compensation if you are in an accident.
5. Statute of Limitations for Car Accident Claims
In Arizona the statute of limitations for a personal injury lawsuit for a car accident is two years from the date of the accident. If you don’t file a lawsuit within that time frame you may lose your right to sue.
You should act fast after a car accident as gathering evidence and building your case gets harder with time.
Car Accident Statistics in Phoenix, Arizona (2023)
Car accidents are a big public safety issue in Phoenix as the city’s urban sprawl and busy roads create a lot of traffic. In 2023 Phoenix had a significant number of car accidents, of varying severity.
Total Accidents
- There were about 35,000 car accidents in Phoenix in 2023 ranging from minor to multi-vehicle to catastrophic accidents.
Injuries and Fatalities
- Of the total accidents, 10,000 were injuries and 150 fatalities. These injuries ranged from minor scrapes and cuts to life threatening injuries such as traumatic brain injuries, spinal cord injuries and multiple fractures.
Common Causes of Car Accidents
According to the Arizona Department of Transportation (ADOT) and local law enforcement agencies the following were the most common causes of car accidents in Phoenix:
- Speed: Excessive speed was a factor in a lot of accidents and increased the likelihood of collisions and severity of injuries.
- Distracted Driving: Texting, talking on the phone and other distractions accounted for a big chunk of car accidents especially rear end collisions.
- Driving Under the Influence (DUI): Alcohol and drug impairment was a factor in many of the most serious accidents including fatalities.
- Reckless Driving: Aggressive driving behaviors such as tailgating, weaving in and out of lanes and ignoring traffic signals were cited in many accident reports.
- Adverse Weather Conditions: Phoenix’s occasional rain storms, dust storms and fog can reduce visibility and make roads slippery causing accidents.
What to Do After a Car Accident in Phoenix
The minutes after a car accident can be chaotic but taking the right steps can protect your health, legal rights and ability to get compensation.
1. Get Medical Attention
Even if you think your injuries are minor you need to get medical attention right away. Some injuries like whiplash or internal trauma may not show symptoms right away but can get worse if left untreated.
Getting a medical evaluation will also give you documentation of your injuries which will be important for any personal injury claim.
2. File a Report
You need to file a report with local law enforcement especially if the accident caused significant property damage, injuries or fatalities. The police report will be an official record of the accident and may include details of fault, road conditions and witness statements.
3. Preserve Evidence
After an accident gathering evidence is key to building a strong personal injury claim. Here’s what to do:
- Photos: Take photos of the accident scene, vehicle damage, road conditions and any visible injuries.
- Witness Info: Get contact details from anyone who witnessed the accident. Their testimony will be important in establishing fault.
- Driver Info: Exchange insurance and contact info with the other driver(s) involved.
4. Notify Your Insurance
You need to notify your insurance company as soon as possible. Many policies require prompt reporting and failure to do so may affect your ability to file a claim.
5. Call a Lawyer
If you’ve been injured in a car accident you need to call a car accident lawyer as soon as possible. At Keller Swan we offer:
- Filing personal injury claims to get you compensation for medical bills, lost wages and pain and suffering.
- Negotiating with insurance companies to get you a fair settlement.
- Litigation if necessary to get the best possible result for your case.
Phoenix Personal Injury Case: A Win
In 2016 one of the biggest car accident cases in Phoenix occurred on I-10 involving multiple vehicles. The accident was caused by a driver who was texting and driving and resulted in severe injuries to several motorists.
The injured parties filed a personal injury claim against the at-fault driver for negligence and reckless driving. After investigation and court proceedings the case settled for $10 million to cover medical bills, lost wages, pain and suffering and future rehabilitation needs of the victims.
This case shows the seriousness of distracted driving and why you need to hold negligent drivers accountable.
Why Choose Keller Swan for Your Car Accident?
At Keller Swan we are committed to providing expert legal representation for car accident victims in Phoenix and Arizona. Here’s why our clients choose us:
1. Experienced Legal Representation
Our lawyers have handled many complex car accident cases from minor to catastrophic. We know Arizona traffic laws, insurance rules and personal injury claims and we use this knowledge to get results for our clients.
2. Client Focused
We know car accidents can have a big impact on your life physically and emotionally. That’s why we offer client centered legal representation. We work with our clients to get them the support and guidance they need during a tough time.
3. Results Oriented
At Keller Swan we have a history of getting big settlements and verdicts in car accident cases. Our focus on results has earned us a reputation as one of the top personal injury law firms.
Contact Keller Swan Now
If you or a loved one has been injured in a car accident in Phoenix, Arizona, call Keller Swan today. Our lawyers will help you get the compensation you deserve for your injuries and losses.
