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Home | Articles special | Motor Vehicle Accident Litigation in Phoenix, Tucson, and Yuma: Liability Allocation and Proof Requirements

Motor Vehicle Accident Litigation in Phoenix, Tucson, and Yuma: Liability Allocation and Proof Requirements

Car crashes in Phoenix, Tucson, and Yuma leave you with pain, bills, and fear about what comes next. Arizona law decides who must pay and how you must prove your case. You do not have much time. Evidence fades. Witnesses move. Insurance companies use that against you. This blog explains how courts split fault, what proof judges expect, and how your choices after a crash can raise or destroy your claim. You will see how police reports, medical records, and phone data shape liability. You will also learn what happens if you share some of the blame. A car accident lawyer can guide you, but you should know the basics before you speak with anyone. This knowledge gives you more control, less doubt, and a clearer path through a hard process.

How Arizona Fault Rules Work

Arizona uses “pure comparative fault.” This means a court can assign each driver a percentage of blame. Your money award drops by your share of fault, even if you were mostly at fault.

Arizona law on comparative fault is in Arizona Revised Statutes § 12‑2505. It guides judges and juries in Phoenix, Tucson, and Yuma in the same way.

Here is a simple view of how fault changes your recovery.

Fault Assigned to You Total Proven Damages What You Can Recover Example Result
0% $100,000 100% of damages You recover $100,000
10% $100,000 90% of damages You recover $90,000
40% $100,000 60% of damages You recover $60,000
80% $100,000 20% of damages You recover $20,000
99% $100,000 1% of damages You recover $1,000

This rule can feel harsh. It also protects you from losing your case only because you made one mistake.

Common Liability Issues in Phoenix, Tucson, and Yuma

Cities in Arizona share many crash causes. Still, local roads and traffic habits shape how fault gets split.

  • Phoenix. Heavy freeway traffic on I‑10 and Loop 101. Rear‑end crashes, lane changes, and high speed wrecks are common.
  • Tucson. Busy corridors like Speedway and Grant create left turn and crosswalk crashes. Bike and pedestrian claims often involve shared fault.
  • Yuma. Seasonal visitors and farm traffic add out of state drivers and large trucks. That raises questions about federal rules and company policies.

Across all three cities, common fault questions include:

  • Who had the right of way
  • Whether someone ran a red light or stop sign
  • Phone use or distraction at the time of impact
  • Speeding or tailgating in heavy traffic
  • Impaired driving from alcohol or drugs

What You Must Prove

To win money, you must show four things.

  • The other driver had a duty to drive with care
  • The driver broke that duty
  • The crash happened because of that choice
  • You suffered losses as a result

The duty part is simple. Every driver on Arizona roads must act with care. The fight is over the other three parts. That fight often turns on small pieces of proof.

Key Evidence After a Crash

Courts and insurers do not rely on stories alone. They look for proof that supports or weakens each story. You protect yourself when you gather these items as soon as you can.

  • Police report. The report records time, place, statements, and any tickets. You can request a copy from the local police or DPS. The report is not final proof, but judges and juries read it with care.
  • Photos and video. Pictures of the scene, cars, and visible wounds help show speed, impact point, and road conditions.
  • Witness statements. Neutral witnesses can shift fault. Get names and contact information at the scene when you can.
  • Medical records. Hospital and clinic records connect the crash to your pain, treatment, and limits at home or work.
  • Phone and tech data. Call logs, texts, and app use can show distraction. Some modern cars store speed and braking data.

The Centers for Disease Control and Prevention offers helpful crash facts that support injury claims. You can see national data on crash injuries and costs on the CDC motor vehicle safety page.

How Your Own Choices Affect Liability

Comparative fault means your own choices matter even if the other driver started the chain of events. Courts and insurers will look at whether you:

  • Drove over the speed limit
  • Failed to use a seat belt
  • Used a phone while driving
  • Drove after drinking or using drugs
  • Ignored clear traffic signs

You may feel shame when you talk about these facts. Try to be open. Hidden facts often come out later in phone data, videos, or witness notes. Early honesty gives you more control over how those facts are used.

Time Limits and Deadlines

Arizona law sets strict time limits for filing a lawsuit. For many injury claims you have two years from the crash date. Claims against a city, county, or state agency have much shorter notice deadlines.

You can review general Arizona limitation periods on the Arizona Legislature Title 12 page. That page lists civil rules that affect crash cases in Phoenix, Tucson, and Yuma.

Waiting too long can erase your rights. Evidence disappears. People forget what they saw. Traffic camera footage gets erased. Early action protects your claim.

Steps You Can Take Today

You may feel overwhelmed. You can still take clear steps today.

  • Get medical care and follow the treatment plan
  • Order the police report and keep all crash papers in one folder
  • Write down your memories while they are fresh
  • Take photos of your car, your wounds, and the recovery process
  • Do not post about the crash on social media
  • Talk with a trusted person about stress or fear

Arizona law gives you rights. It also expects you to protect those rights with proof. When you understand how fault is split and what proof matters, you can face insurers and courts with more strength. Knowledge will not erase the crash. It will help you push through a hard legal path with fewer surprises and more control.

 

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