How to Prove Negligence in Your Arizona Car Accident Case
Ask any Arizona personal injury lawyer, and they’ll tell you that in almost every lawsuit, they have to prove negligence. Negligence is just another way of saying that somebody didn’t act the way they should have in a certain situation. For example, if a store owner is supposed to keep their floors dry and fails to clean up a spill, they are negligent. If a driver knows the speed limit and chooses to drive too fast, they are negligent. A personal injury suit is simply an incidence of negligence where somebody gets hurt. Your Arizona personal injury lawyer’s job is to prove two things. First, they have to prove that the other driver was negligent. Second, they need to prove that you were injured. If they can do this, there’s a good chance you’ll be able to recover damages.
If you or your loved one are injured in a car crash, you’ll want an attorney to handle it for you. They know how to handle these sorts of cases. They understand negligence and know how to prove it. While they’re working on your case, you can focus on getting better. Take the time to heal and let your attorney handle the legal side of things. In order to do this, of course, you need to first talk to an experienced Arizona personal injury lawyer who’s willing to handle your case.
Your Attorney Must Prove All Four Elements of Negligence
In order to prove negligence, your Arizona personal injury lawyer will need to show four (4) things. First, they need to demonstrate that the defendant owed you a duty of care. When it comes to car accidents, this isn’t hard to do. All drivers owe a certain duty of care to other motorists. At a minimum, they need to obey all of the traffic laws. The second thing they need to show is that the defendant breached this duty of care.
The hardest thing for your Arizona personal injury lawyer to prove is breach of duty. They need to look at the particular facts of your case and demonstrate that the defendant didn’t fulfill their duty. With car accident lawsuits, this can be done in a variety of ways, including:
- The other driver was speeding
- The defendant was texting and driving
- The other party was high or drunk at the time of the crash
- You were hit by a car that was driving the wrong way
- You were hit from behind
Of course, every case is different. Your Arizona personal injury lawyer will have to examine the facts. Once they have all of the evidence, they’ll be able to piece together what happened.
The third thing your lawyer needs to prove is that you were hurt. As long as you went to the hospital immediately after your accident, this won’t be hard. They’ll submit copies of your medical records. Finally, they need to prove that your injuries were caused by the defendant’s breach. Unless something intervened between the crash site and the emergency room, this shouldn’t be all that hard to do.
What if You’re Partially at Fault for the Crash?
One thing our clients worry about is being partially at fault. They’re afraid their case will be dismissed if they contributed to the accident. The good news is that Arizona follows the comparative fault rule. Under this rule, you can still collect damages even if you were partially at fault. However, your damages will be reduced by your percentage of fault. So, if your claim is for $100,000 and you’re found to be 20% at fault, your damages will be reduced to $80,000. Knowing this, your Arizona personal injury lawyer will work extra hard to try to settle your case out of court.
Call a Seasoned Arizona Personal Injury Lawyer
The thing about car accidents is that neither driver wants to admit they were at fault. The other driver isn’t going to lie down and agree to pay your damages. Neither will their insurance company. Your Arizona personal injury lawyer is going to have to prove your case. The good news is that they have plenty of experience handling cases just like yours. All you have to do is call and schedule your free, initial consultation. Sit down with someone who knows the law and has experience negotiating with the insurance companies. The consultation won’t cost you anything and you don’t pay until your case is resolved.