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Arizona Car Accident Laws Explained

Richard Gullette • Jun 08, 2021

Arizona, just like any other state, has its fair share of car accidents. According to a Department of Motor Vehicles report from 2018, there were 127,000 vehicle accidents, of which nearly 30 percent were associated with varying degrees of bodily injury. For those who are injured and are considering file a personal injury case, the state has a unique set of Arizona car accident laws,including strict deadlines and the rule of comparative negligence.

1. The Statute of Limitations:

The Statute of Limitations in Arizona is a state law that has a strict deadline for filing a lawsuit following an injury sustained in a motor mishap. While the deadline does vary depending on the extent of bodily injury, in general, there is a two-year deadline for the filing of any civil case against another party for injuries and/or death as a result of a motor vehicle accident. This two-year clock starts to run on the day of the accident. If you are past this date by even 12 hours, the court will not hear your case. If you are injured and are considering filing a lawsuit, then consult with a personal injury lawyer ASAP. The lawyer will not only have to collect the accident report but will also need your medical report and up-to-date progress. A complaint will also need to be filed with the defendant and it may take months to reach a settlement. If the case is complex and the fault of the accident is being debated, the settlement can take even longer. Tragically, many individuals with valid cases of injury never see a penny in return, only because they filed the case late.

2. Comparative negligence:

In some car accidents, it is obvious that one driver is clearly at fault and, according to laws in Arizona regarding car accidents, that driver, through his insurer, will be responsible for the injured driver’s medical bills, damages to the vehicle, lost wages, etc. In many motor vehicle crashes, however, the fault is not always clear and it could be that both parties may be at fault. Arizona practices a “pure comparative fault” rule, where the blame following an accident is shared by both parties. In the majority of car accident cases, juries in Arizona are asked to determine the percentage of fault for each party and the monetary awards are distributed accordingly. For example, under the “pure comparative” rule, if the total damages award is $100,000 but if you are found to be at 30 percent at fault, you will only be entitled to $70,000. The Arizona comparative fault rule applies even if you are more than 50 percent responsible for the accident compared to the other driver. For example, if you are deemed to be at 80 percent fault, you will still be entitled to 20 percent of the total damages, but remember, you still have to reimburse the other party for 80 percent of the damages. In most states, if the other driver is more than 50 percent at fault, he or she is not entitled to any damage award.

3. Car insurance rules and requirements:

In Arizona, car insurance is mandatory. The owner must maintain a certain amount of liability insurance coverage to operate the vehicle legally on the state highways and city roads. This applies not only to trucks and cars but also motorcycles, golf carts, and mopeds. The minimum amount of liability car insurance required in Arizona includes the following:

  • $15K for a physical injury to a person’s body or death of one individual in an accident involving the driver of an insured vehicle
  • $30K for a total physical injury to the body or a liability resulting in death from a catastrophic event caused by a driver of an insured vehicle
  • $10K for property damage per accident caused by a drive of an insured vehicle

This minimum insurance coverage is to help pay for any property damage, medical bills, and other injuries to passengers and pedestrians who have their vehicles damaged or who have suffered bodily injuries. It is wise to carry more insurance than the bare minimum because once your policy limits are exhausted, you are responsible for the rest of the bills. Your liability coverage is inclusive of anyone else in the family drives your car or if you have loaned your car to someone else. This insurance will also provide coverage in case you are involved in an accident in a rental car. Finally, it is important to be aware that the liability insurance only covers the other party and not your own vehicle or bodily injuries. You will need more comprehensive insurance to cover you and your vehicle in case of an accident.

What If You Drive Without Car Insurance?

If you drive without car insurance in Arizona and are stopped by law enforcement, for whatever reason, both your driver's license and the vehicle registration will be immediately suspended. To get driving privileges restored, you will have to pay the usual fees, extra administrative penalties, and show proof of financial responsibility with the DMV. Of course, if you are driving without insurance and are involved in a car accident, rest assured the penalties are many times more severe and you will be incarcerated if anyone dies or suffers bodily injury. To get out of jail, you will need assistance from a lawyer, which will cost you even more money, and that is just the beginning of your troubles. To avoid these hassles, always have your car insured and drive safely. If you have been involved in a car accident and are injured because of the negligence of another driver, consult with a personal injury lawyer as soon as possible.

Laws in Arizona regarding car accidents are best navigated by a knowledgeable personal injury attorney. If you need to know more about Arizona car accident laws, you can trust Richard Gullette Injury Law attorneys to give you the correct answers. Call them; they are ready and available to provide assistance to you.

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