car accident lawyers
Best Car Accident Lawyers Mesa, AZ Of 2023 Car Accident Lawyers
After you experience a car accident in Mesa, you may feel overwhelmed about what to do next. While every situation is different, we give you a starting point on what to consider as you begin the process of filing your lawsuit.
Best Car Accident Lawyers Mesa, AZ Of 2024 Car Accident Lawyers Khabritak.com
Arizona Statute of Limitations
A statute of limitations is the deadline you have to file a lawsuit for your case. In Arizona, the statute of limitations for personal injury and property damage is two years from the date of the incident. For instance, if you were in a car accident on July 1st, 2022, then you would have until July 1st, 2024, to file your case.
The deadline to file is designed to protect defendants from unfair legal action, as over time important evidence may be lost or key witnesses may no longer remember aspects of the event.
Your case doesn’t have to be settled or completed by the end of the statute of limitations, but it does have to be filed. There are some exceptions to the statute of limitations, such as if the victim passes away after the accident or the defendant hasn’t been identified, but these unique situations should be discussed with your lawyer.
Arizona Laws for Car Drivers
If you are a driver in Arizona, here are some of the most important laws to keep in mind while on the road.
Minimum insurance coverage. In Arizona, drivers are required to show financial responsibility when operating a vehicle by purchasing auto insurance. The coverage requirements include $25,000 for one person sustaining a bodily injury or death, $50,000 for two or more persons sustaining a bodily injury or death and $15,000 for damage to property.
Seatbelt requirements. In Arizona, seatbelts are required by front-seat occupants. The driver can be found responsible for anyone under the age of 16 who is found not wearing a seatbelt. If someone 16 or older in the front seat is found not wearing a seatbelt, then they may be cited for a safety belt violation.
Registration and title requirements. When you buy a vehicle in Arizona, you must apply for a title within 15 days of purchase. You are also required to register your vehicle in Arizona if youi are an Arizona resident and plan to drive in the state..
Hands-off law. As of 2021, it is illegal to talk or text on a cellphone or stand-alone device unless the device is in a hands-free mode. Drivers may use a hand-held device in an emergency situation only. First-time violators can face up to a $149 fine and subsequent violations can increase the fine up to $250.
Identifying Fault for a Car Crash
In Arizona, whoever is determined to be at fault for a car accident is financially responsible for damages and injuries that occurred during the incident.
Arizona follows the doctrine of comparative negligence, meaning that the defendant is only liable for damages they caused. If the victim is found partially responsible for their injuries, they may lose a percentage of the compensation. For instance, if you are hit by a car that was speeding, but you failed to wear a seatbelt, then you may be found partially responsible for the injuries you obtained.
Arizona operates using pure comparative negligence, meaning that as long as the victim was not 100% responsible for their injuries, they may still be entitled to compensation.
In some cases, individuals may admit fault or take responsibility for an accident. In other situations, an investigation will take place using witness statements and other evidence to determine responsibility for the accident. The investigation will also determine if the individual was completely or only partially at fault.
How Can an Attorney Help You?
A qualified attorney will have experience handling car accident cases, speaking with insurance companies and negotiating an appropriate compensation amount. While it’s not required to use an attorney, having one can make the process easier and less time-consuming for the victim.
If you decide to work with an attorney, keep in mind that most operate on contingency. This means that their payment is a portion, typically around 33%, of your settlement or verdict award. They are only paid if you win a settlement or verdict, so there is no monetary risk for choosing to work with a car accident lawyer. You may still be required to pay for filing and court fees.
Once you choose a lawyer, they help you with filing your case, gathering evidence and statements and going through the mediation process. The vast majority of car accident cases are settled through settlement, but in situations where a settlement cannot be reached, your case may go to court. If your case does go to court, your lawyer will litigate on your behalf.
In simpler cases, such as if the defendant takes responsibility for the accident, you may be able to handle the case without a lawyer. If you win the settlement, you keep 100% of the compensation. This is a good option if you have a legal background or are willing to do some research, but keep in mind that you may be at a disadvantage if the defendant chooses to use a lawyer.
