Arizona Auto Accidents and the Comparative Fault System
Mark Breyer
May 07, 2009
Many times when people are involved in car accidents in Phoenix, it is not a two vehicle accident. Many times, the accidents involved 2, 3, 4 and even sometimes 5 or more vehicles. When this happens, the insurance companies often start blaming the drivers of all the other vehicles. This happens sometimes even when it is a rear end accident. For instance, let´s look at a case that we currently have in our office. Our client was involved in an accident where vehicle number 1 hit vehicle number 2, who then hit our client. On all accounts vehicle number 1 started a chain reaction, in that vehicle 1 hit vehicle 2 who then hit our client. All the witnesses agree that this is what happened. The damage shows that vehicle number 2 has rear end damage and front end damage. Our client has rear end damage. Yet, the insurance company of vehicle number 1 is arguing that vehicle number 2 did not slow down enough and had vehicle number 2 slowed down, there would not have been an accident. While the overwhelming facts demonstrate this is a ridiculous argument being raised by the at-fault driver´s insurance company, this does not make it any easier on the person who was injured – our client – who will still have to file a lawsuit and proceed through the court system with our help.
People call us all the time asking what they should do when there are three different cars that have been involved in an accident. As experienced injury accident attorneys in Arizona, we have to explain to them the comparative fault justice system in Arizona. The comparative fault system in Arizona for serious accident claims means that each defendant pays their proportionate amount of damages. Under personal injury law in Arizona, victims have the right to obtain fair compensation under Arizona law. That may mean that multiple people pay a proportion of the victim´s damages to make the victim whole. In actuality, the comparative fault system is pretty simple. First the jury will have to listen to the arguments of the lawyers and then decide what fair compensation should be for the person who was injured. Fair compensation includes lost wages, medical bills, loss of enjoyment of life, pain and suffering, etc. Once the jury decides the amount of fair compensation, then they decide who is at fault and what percentage of fault is attributed to each party.
Let´s look at some examples. If only one person is at fault for an accident, just that one person (usually through that person´s insurance company) compensates the person(s) they harmed. Let´s assume there were two cars who shared responsibility and they were each 50/50 at fault. The jury would first decide how much the victim should be awarded and then the amount of damages would be proportioned 50% to each driver. The total fault for the accident must add up to 100%. At a jury trial, the Judge will actually create a form that allows the jury to fill in exactly who is at fault and what percentage, and then totaling it up to what the victim should receive as a jury award.
Of course, comparative fault laws are confusing in some cases. Also, the comparative fault system used by Arizona is not used in most areas of the country, and thus even other lawyers may not be aware of the proper application of the system in an Arizona injury case. This is why it is very important to search out an experienced auto accident lawyer in Arizona. Alexis and Mark Breyer take great pride in providing straight forward, honest answers. If you have questions about a police report and the distribution of fault, please feel free to call us at 480-753-4534. We know it is important that you be able to trust the lawyers that you call to give you honest answers, not just tell someone what they "want to hear." We always talk to potential new client callers and we let them know the strengths and weaknesses in their cases. It is vital that before proceeding with your accident injury claim that you have full confidence in the auto accident lawyer that you hire. We evaluate all claims on their merit, and tell those who call us the strengths and potential downfalls in their case.
People call us all the time asking what they should do when there are three different cars that have been involved in an accident. As experienced injury accident attorneys in Arizona, we have to explain to them the comparative fault justice system in Arizona. The comparative fault system in Arizona for serious accident claims means that each defendant pays their proportionate amount of damages. Under personal injury law in Arizona, victims have the right to obtain fair compensation under Arizona law. That may mean that multiple people pay a proportion of the victim´s damages to make the victim whole. In actuality, the comparative fault system is pretty simple. First the jury will have to listen to the arguments of the lawyers and then decide what fair compensation should be for the person who was injured. Fair compensation includes lost wages, medical bills, loss of enjoyment of life, pain and suffering, etc. Once the jury decides the amount of fair compensation, then they decide who is at fault and what percentage of fault is attributed to each party.
Let´s look at some examples. If only one person is at fault for an accident, just that one person (usually through that person´s insurance company) compensates the person(s) they harmed. Let´s assume there were two cars who shared responsibility and they were each 50/50 at fault. The jury would first decide how much the victim should be awarded and then the amount of damages would be proportioned 50% to each driver. The total fault for the accident must add up to 100%. At a jury trial, the Judge will actually create a form that allows the jury to fill in exactly who is at fault and what percentage, and then totaling it up to what the victim should receive as a jury award.
Of course, comparative fault laws are confusing in some cases. Also, the comparative fault system used by Arizona is not used in most areas of the country, and thus even other lawyers may not be aware of the proper application of the system in an Arizona injury case. This is why it is very important to search out an experienced auto accident lawyer in Arizona. Alexis and Mark Breyer take great pride in providing straight forward, honest answers. If you have questions about a police report and the distribution of fault, please feel free to call us at 480-753-4534. We know it is important that you be able to trust the lawyers that you call to give you honest answers, not just tell someone what they "want to hear." We always talk to potential new client callers and we let them know the strengths and weaknesses in their cases. It is vital that before proceeding with your accident injury claim that you have full confidence in the auto accident lawyer that you hire. We evaluate all claims on their merit, and tell those who call us the strengths and potential downfalls in their case.
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