In 2021, Arizona experienced a high rate of car accidents and resulting injuries compared to other states. Data shows there were 70 injuries per 100 million miles traveled in the state that year. The vast majority of these crashes, over 104,000, occurred in urban areas, while another 16,588 happened in rural parts of Arizona. A major hotspot for collisions was Maricopa County, home to the city of Phoenix. Maricopa County alone recorded an astounding 86,687 car crashes in 2021, leading to 35,488 people injured and 594 fatalities. This means Maricopa County accounted for a staggering 71% of all car accidents in Arizona that year.
Given these sobering statistics, it’s critical for Arizona drivers and accident victims to understand how the state’s car accident laws differ from the rest of the country. These differences can have a major impact on the legal process and the potential recovery of damages. Understanding the nuances of Arizona’s laws is essential for anyone involved in a car accident in the state.
Here are some of the key differences:
1. Comparative Negligence
One of the most significant ways in which Arizona’s car accident laws stand apart is its use of a “pure comparative negligence” system. In most other states, contributory or comparative negligence laws follow an “all-or-nothing” approach – if the plaintiff is found to be 50% or more at fault for the accident, they are barred from recovering any damages. Arizona, however, follows a pure comparative negligence rule.
Under Arizona’s pure comparative negligence system, a plaintiff can recover damages even if they are found to be partially at fault for the accident, with their final award being reduced by their percentage of fault. For example, if a driver is awarded $100,000 in damages but is found to be 90% responsible for the crash, their final recovery would be $10,000.
This system can work in the plaintiff’s favor in many cases, as it allows them to recover at least some compensation even if they share blame for the accident. However, it also means that insurance companies and defense attorneys will scrutinize the plaintiff’s actions very closely, attempting to assign them as much fault as possible in order to reduce their payout.
2. Statute of Limitations
Another key difference in Arizona car accident law is the statute of limitations for filing a personal injury claim. In most states, the standard statute of limitations for car accident claims is 2 years from the date of the accident. In Arizona, however, the statute of limitations is only 2 years from the date the injury was discovered or should have been discovered with reasonable diligence.
This shorter timeline can pose challenges for some accident victims, particularly those with serious injuries that may not manifest symptoms right away. It’s crucial for Arizona residents involved in a car crash to seek medical attention promptly and work closely with their personal injury attorney to ensure their claim is filed within the appropriate timeframe.
3. Uninsured/Underinsured Motorist Coverage
Arizona also has unique requirements when it comes to uninsured and underinsured motorist coverage. In most states, this type of coverage is optional for drivers, but in Arizona it is mandatory. All automobile insurance policies in the state must include uninsured/underinsured motorist (UM/UIM) coverage with minimum limits of $25,000 per person and $50,000 per accident.
This mandate is in place to protect drivers in the event they are involved in an accident with a driver who has insufficient insurance or no insurance at all. However, the UM/UIM coverage limits are relatively low compared to the potential costs of a serious accident. Accident victims in Arizona may need to seek additional UM/UIM coverage beyond the state minimums to ensure adequate protection.
4. Damage Caps
Unlike many other states, Arizona does not have strict caps or limits on the amount of damages that can be awarded in a car accident case. There are no statutory caps on economic damages like medical expenses and lost wages, nor on non-economic damages like pain and suffering.
The lack of damage caps in Arizona can be advantageous for accident victims, as it allows juries and judges to fully compensate them for their losses without arbitrary limitations. However, it also means that insurance companies and defense attorneys may fight harder to deny or minimize claims, knowing that the potential payouts could be substantial.
In addition to the above key differences, Arizona also has some unique laws and precedents around issues like:
- Distracted driving and cell phone use
- Dram shop liability for establishments that serve alcohol
- Liability for autonomous/self-driving vehicles
- Government liability for dangerous road conditions
As a personal injury law firm serving the state of Arizona, Monge & Associates understands the unique challenges and legal considerations that come with navigating car accident claims in this southwestern state. While many of the fundamental principles of car accident law are similar across the United States, it’s clear that Arizona has some key differences in its statutes and precedents that can significantly impact the process and outcome for victims seeking compensation.
Given the complexity of Arizona’s car accident laws, it’s crucial for anyone involved in a crash in the state to work closely with an experienced personal injury attorney who can navigate the nuances and protect their rights. The team at Monge & Associates has in-depth knowledge of Arizona’s car accident statutes and a track record of success in securing fair compensation for our clients.
If you or a loved one have been injured in a car accident in Arizona, don’t hesitate to reach out to us at Monge & Associates for a free consultation. We’ll review the details of your case, explain your legal options, and fight tirelessly to get you the justice and the compensation you deserve.
We have offices in 32 locations and 19 states, including Arizona, Alabama, and Georgia, so you are sure to find an office near you.
Call now for a free consultation on (888) 477-0597 if you have been hurt in an accident on Arizona’s roads.