Car accident claims are regulated by state laws. They significantly differ from state to state. In case of claims and damages, some states adopt a “no-fault” rule while others apply the fault-based system.
In no-fault states, the parties turn to their insurance providers for their claims regardless of who is at fault for the accident. Whereas in the fault-based system fault of the parties plays an important role. This system is based on determining tort liability. The parties get compensation based on the fault of the party. The at-fault party is responsible for the damages to the other party involved in the car accident.
Like most other states, Arizona has adopted the fault-based system. In Arizona, the party responsible for the accident pays the compensation to the other party. Even there are slight differences between the fault-based system adopted by different states.
The Fault Based System of Arizona
Arizona follows the traditional fault-based system, which provides compensation for injuries, lost income, property damage, and so on. Arizona applies a pure comparative negligence approach in determining the tort liability of each party. Under the comparative approach, every person is obligated to act responsibly. And in determining the fault, sometimes more than one party may share the blame and share the responsibility to pay compensation as well. When an accident is caused by the fault of a driver, but the victim also shares some blame, the amount of the compensation will be reduced proportionately.
Determining Fault in a Car Accident
Determining fault in a car accident is complicated in Arizona for the comparative system. More complicated cases often end up in court. A lot of things are considered before determining the fault. Evidence and witnesses are closely evaluated to reach a conclusion. The police report, witness statements, photographic or video evidence, traffic camera footage all come in handy in the process. For deeming the fault, consultation with an experienced car attorney lawyer is highly advisable. An attorney will collect and scrutinize the evidence for determining the at-fault party.
After determining the fault, an experienced attorney will prepare a claim for the party based on medical bills, proof of lost wages, and so on to secure the best compensation deal for their client.
No-Fault VS At-Fault Systems
The main difference between the no-fault and at-fault systems is with regards to the right to sue. In the no-fault system, the parties do not have a right to sue for injuries to a certain limit. The parties file a claim to their respective insurance providers for the damages. Whereas the at-fault states like Arizona have a tort liability system, where the insurance provider of the driver at-fault is responsible for damages.
After obtaining all the evidence necessary to prove fault, an injury attorney will use medical bills, proof of lost wages, and proof of other out-of-pocket costs to negotiate with all parties to secure compensation for their client.
Contact A Scottsdale Car Accident Attorney For Free
Car Accidents in Scottsdale, Phoenix or the entire state of Arizona are very common. Your health is extremely important and the steps you take after a car accident can determine whether you are compensated for your pain and suffering or not. Speaking to an attorney is vital, so that you can be in the best position possible. We offer a FREE consultation and charge no fees unless you get paid. Contact us today to schedule your free consultation.