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ARIZONA CAR ACCIDENT LAW FIRM

Auto accidents can happen anywhere and any time to even the most alert drivers. Usually accidents occur when at least one driver acted negligently, carelessly, or recklessly by failing to pay attention to the road. If a distracted driver causes a car accident, it is crucial that victims of collisions contact an experienced personal injury law firm right away to assist them with their case. Failing to get proper legal advice can lead to serious financial burden due to vehicle damage, costly medical bills, physical therapy costs, lost wages, and more.

Types of Auto Accident Cases We Handle

Our firm handles a wide range of car accident cases, including those involving:
  • Distracted Driving
  • Fatigued Driving
  • Drunk Driving
  • Hit and Run Accidents
  • Rear-end Accidents
  • Accidents involving Uninsured Drivers
  • Head-on Collisions

Steps to Take Following a Car Accident

If you’re ever involved in a car accident, it is incredibly important that you do the following things in order to establish your case and protect your rights:
  • Contact the Police: First, you should call the police right away and wait until an officer reports to the scene of an auto accident. A law enforcement officer can document the accident and provide a police report should you choose to file a personal injury or property damage claim at a later date. Before leaving the scene of an accident, be sure to obtain a copy of the police report from the police officer.
  • Take photographs of the scene: Secondly, if possible, take photographs of your vehicle, the vehicle that caused the crash, and the accident scene to further document what caused the collision. Often a police report can fail to document crucial details that can be better caught by photographs of the accident scene which helps establishes liability and damages.
  • Seek Medical Attention: Thirdly, immediately go seek medical attention right away even if you do not feel injured. People who experience a car accident often do not feel the full extent of their injuries due to the rush in adrenaline which numbs any pain. It is not unusual for victims of neck injuries and whip lash to start experiencing pain a few days to even a week after an accident. Getting medical attention immediately ensures that any potential injuries are well documented and protects the value of your case so that you can be better compensated.
  • Call a Lawyer: Before you contact your own insurance company or the other person’s insurance company, be sure to call an experienced personal injury lawyer who is knowledgeable in auto accident law; most law firms, including ours, will never charge you for an initial consultation to evaluate your case. Insurance companies frequently try to minimize the value of any auto accident claims that are made against them. By contacting an attorney first, you can rest assured that you will receive the financial compensation you need for the damages you received, and not accidentally lower the value of your case by saying the wrong thing.

How Are Damages Calculated For a Car Accident Injury?

When a person is injured by someone negligently, they’re typically entitled to compensatory damages which means that the compensation they receive should ideally put them in a place as if the injury never happened at all. The only way that compensation can exceed this amount is when a court finds that punitive damages are warranted as a form of punishment when the other person’s negligence is so brazen and careless that it’s almost done purposefully. A person being seriously injured by an excessively drunk driver would be a good example of a car accident case likely awarding punitive damages. Compensatory damages fall generally into two categories. The first is special damages. Special damages are costs and expenses caused by the injury that are capable of being calculated. They exist to ensure that the person who was injured does not suffer any of the costs of the harm caused by another person’s fault. The following are some examples that are considered special damages:
  • Past and future medical expenses
  • Past and future wage loss
  • Past and future lost profits
  • Loss of services
General damages on the other hand are not capable of being calculated like the special damages above. They are much more abstract, the following are a few common examples of general damages: 
  • Pain and suffering
  • Loss of consortium (the relationship of a family member suffering because of the injury)
  • Loss of enjoyment of life
  • Fear of Future Events
  • Emotional Distress
  • Permanence, Disfigurement and Scarring
As you can see, these concepts are much more difficult to conceptualize than special damages, but they are often crucial for establishing the full value of a case. That’s why you need an expert car accident attorney who has experience of measuring these general damages and convincing an insurance adjuster that you’re entitled to them. As the Arizona courts once said of the process, general damages are “inherently flexible and subject to differing and potentially changing evaluations based on various factors. In short, evaluating personal injury claims, and particularly the ‘general damage’ component, is far from an exact science. Oftentimes it is no more precise or predictable than throwing darts at a board.”

The Process of a Car Accident Case

While you may now how a court may calculate the total compensation a person injured in an auto accident may be entitled to, it’s important to understand what it takes to have a viable lawsuit in the first place. A car accident case is something called a negligence lawsuit, which means someone or a business entity failed to use reasonable caution and caused damage to a victim and is responsible for that damage. A successful claim ultimately boils down to four factors: 1) there was an existence of a duty of case; 2) there was a breach of that duty; 3) there was an injury caused by that negligence; and 4) that negligence was the actual cause for the injuries and not something else.

Ultimately everyone who drives on the road owes a duty of care to everyone else who is on the road by being aware while driving and avoiding other drivers. What most car accident cases boil down to is proving the injuries were in fact caused by the accident, and if the victim was responsible at all for contributing to the accident. For the first part, insurance companies will do everything in their power to reduce the amount of compensation you’re entitled to by arguing the medical care you received was unnecessary and that your injuries wasn’t caused by the accident, but in fact already existed before the accident. It’s because of this that it’s incredibly important to seek medical treatment after your accident and to consistently receive treatment and not miss any appointments. Doing this is crucial to documenting your injuries and preserving potential evidence to use to push back against the insurance companies and get the compensation you deserve.

The Importance of Uninsured Motorist Insurance

In the state of Arizona, the law requires that all drivers have a mandatory insurance that is the absolute minimum a person can have and still be allowed to drive. The insurance minimum is $10,000 for property damage to the vehicle, and $15,000 for any bodily damages that result to a single individual and $30,000 total for any accident involving more people. While $15,000 may sound like a lot of money, it’s sadly not the case for most car accidents. The Arizona Department of Transportation did a study that shows the average economic cost for an accident causing a possible injury is $42,000, for a minor injury the cost is $80,000, and for a serious injury it’s $400,000. If a person has been killed in an accident, the economic cost is a staggering $5,800,000. As the figures show, even if the person that hit you happened to have auto insurance, it’s highly unlikely that their insurance policy will be enough to cover all the harm they caused you. Even worse, it’s estimated that 12% of drivers in Arizona are completely uninsured. If an uninsured driver hits you in an accident, and you don’t have uninsured motorist insurance, it’s highly unlikely you’ll be able to recover any meaningful compensation in a lawsuit.

The reason that the required minimum auto insurance is so low compared to the actual costs of auto accidents is because the law was implemented back in 1972. When the law was put into place, it was expected that the insurance minimum would regularly be increased to keep up with the rising costs of inflation, however the Arizona legislature has failed to do so. Thankfully it recently passed SB 1087, which will raise the current minimum required insurance from $15,000 to $25,000 for a single person injured in an accident, and from $30,000 to $50,000 for a total accident involving more than one person. 

What is Underinsured and Uninsured Motorist Coverage?

Underinsured motorist coverage is an insurance coverage that protects people when they’re hurt in an accident and the other person’s insurance isn’t able to cover all the costs of your injury. As the above figures show, there’s always a very good chance that the insurance carried by the person who hit you will be insufficient to cover all your costs that resulted from the accident. In addition to underinsured motorist insurance, there is also something called uninsured motorist insurance that is often paired with it in a package as well. Uninsured motorist insurance essentially achieves the same thing, insuring you up to a certain amount in the event that you are injured by an uninsured motorist.

Injured and Unable to Visit Our Office? No Problem.

We know it’s difficult enough recovering from injuries caused by a serious accident, often times we have new clients who are unable to travel. That shouldn’t prevent you from getting the legal representation you need and deserve though. With the Law Offices of Andrew R.C. Davis, we’ll send a lawyer out to meet with you anytime and anywhere to discuss your case personally. The following are locations in Arizona we serve:
  • Phoenix Area (Scottsdale, Tempe, Mesa, Gilbert, Chandler, Glendale, Peoria, Surprise, Carefree, Apache Junction)
  • Tucson Area (Oro Valley, Catalina Foothills, Marana)
  • Flagstaff
  • Prescott
If you live outside these locations, don’t worry we’ll still make the trip, just give us a call and we’ll make the arrangements.

Call (480) 565-3021 Now For a Free Consultation, We Can Help 24/7

The Law Offices of Andrew R.C. Davis is committed to helping individuals who have been seriously injured in auto accidents. A catastrophic injury from a car wreck can result in the inability to work, care for dependents, and significantly impact other parts of your life. If you were injured in a car accident in Arizona, you may be entitled to compensation for your losses. Contact our legal team at the Law Offices of Andrew R.C. Davis to learn more about the legal options available to you.

Phone

(480) 565-3021

Fax

(480) 900-2182

Email

Contact@accidentlawgiant.com

Scottsdale Location

6991 E. Camelback Rd.

Suite D-300

Scottsdale, AZ 85257

Tucson Location

1 S. Church Ave.

Suite 1200

Tucson, AZ 85701

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. We invite you to contact us and welcome your calls and electronic mail. Please do not send any confidential information to us until an attorney-client relationship has been established.

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