Is Arizona a No-Fault State?

January 26, 2024 | Arizona Law

Is Arizona a No-Fault State?

The aftermath of an auto accident can be filled with questions and uncertainty. If you or a loved one have been injured in Phoenix, AZ, you may naturally have questions about Arizona’s auto accident liability laws. 

This leads many accident victims to ask, “Is Arizona a no-fault state?” The answer can have important implications if you are seeking compensation. Our team at Curiel & Runion Personal Injury Lawyers can help you understand how it impacts your case.

At-Fault and No-Fault Systems

There are two main liability systems for motor vehicle accidents: at-fault and no-fault. The distinction between the two systems can majorly impact your case.

At-Fault vs. No-Fault Liability

In a fault-based system, the driver responsible for causing your accident bears financial responsibility for the damages you incur. This could include medical bills, property repair costs, or other related expenses. 

In a no-fault system, each party in an accident files a separate claim with their own insurance company, regardless of who caused the accident. This prevents having to collect and present evidence to bring a claim. 

In no-fault states, victims can only pursue claims against those responsible for their accidents in limited circumstances. However, in fault states, injured motorists are always permitted to take legal action against the drivers who caused their collisions.

The Fault-Based System in Arizona

Arizona has adopted a fault-based system for handling auto accident cases. If you or a loved one are in an accident, the driver who is legally determined to be at fault will be responsible for compensating you for the damages you incurred. 

These damages can encompass a range of expenses and impacts. They often include your medical bills, lost wages, and pain and suffering. The at-fault driver, or typically their insurance carrier, will be responsible for fairly compensating you. A Phoenix personal injury lawyer can help you fight for fair compensation.

How Is Fault Determined After Accidents in Phoenix, AZ?

There were nearly 120,000 auto accidents in Arizona in 2022. The process of determining fault after each auto accident is a multi-step process. It requires investigating the facts and circumstances of your accident, and the parties and evidence involved. Common evidence that will be reviewed includes:

  • Police reports
  • Driver statements
  • Witness statements
  • Cellphone records
  • Traffic camera footage
  • Photographs of the accident scene
  • Medical records
  • Expert testimony

When an accident occurs, the first step often involves law enforcement. Responding officers will compile a report with initial observations and driver statements. Other evidence will then be used to piece together the events of your auto accident and determine fault. 

It is not uncommon for there to be disputes, even with evidence. When they arise, a Phoenix auto accident lawyer can help.

What I’m Partly at Fault for My Auto Accident in Phoenix, AZ?

You may share some fault for your accident. This could occur if you were speeding or failing to yield when the accident occurred. If you may share fault for your accident, it is important to note that Arizona has a comparative negligence statute. 

Under this statute, you may still recover compensation for your injuries or losses, even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30 percent at fault for your accident because you ran a stop sign, your compensation would be reduced by 30 percent.

This can significantly impact your claim and your compensation in a fault-based state. An experienced attorney can help you minimize the fault assigned to you.

How Can a Lawyer Help in a Fault-Based State Like Arizona?

Navigating an auto accident in a fault-based state like Arizona can be challenging. This is because establishing is often essential for compensation. At Curiel & Runion Personal Injury Lawyers, our team helps those injured in Phoenix auto accidents with:

  • Evaluating their auto accident claim
  • Establishing negligence and fault
  • Reviewing evidence
  • Taking witness statements
  • Hiring liability experts
  • Filing insurance claims
  • Negotiating settlements
  • Representing you in court, if necessary

Ultimately, a lawyer can improve your odds of establishing fault and securing fair compensation for your injuries and losses.

The answer to, “Is Arizona a no-fault state?” is more important than you might think. You should be sure to understand your rights under Arizona law, including how the state’s fault-based system may impact your claim and compensation. 

If you or a loved one have been involved in an Arizona auto accident, seeking legal advice can be invaluable. Schedule a free consultation today.

Contact the Arizona Personal Injury Lawyers at Curiel & Runion Personal Injury Lawyers Today

If you were injured in an accident in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Curiel & Runion Personal Injury Lawyers to schedule a free case review today.

Curiel & Runion Personal Injury Lawyers
1221 E Osborn Rd. Suite 201
Phoenix, AZ 85014
(602) 595-5559