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Attorneys reviewing Arizona car accident cases

On this page
  1. Key Arizona rules
  2. Who pays when more than one driver caused an Arizona crash?
  3. How does pure comparative fault work at an Arizona intersection?
  4. What Arizona road conditions cause disputes over fault?
  5. What if a road defect, government vehicle or signal problem played a role?
  6. Where can you get compensation beyond the at-fault driver's policy?
  7. What should you do in the first days after an Arizona crash?
  8. Common car accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key Arizona rules for car accident claims

Personal injury filing deadline
2 years
Fault rule
Pure comparative faultYou can recover damages even if you were mostly at fault, but your award is reduced by your percentage of fault. For example, if you were 30% at fault, you could recover 70% of your damages.
Damages caps
Applies to injury claimsThe Arizona Constitution prohibits laws that limit the amount of damages for injury or death.
Claims against a government entity
Shorter notice deadlineA notice of claim must generally be filed within 180 days with a public entity or employee.

Who pays when more than one driver caused an Arizona crash?

Each driver usually pays only for their own share of the fault. Arizona generally uses several-only liability, which means a defendant found 30% at fault is responsible for 30% of the damages, not the whole bill.

This is one of the most important and least understood parts of Arizona crash law. If a responsible party is left out of the case, or cannot be found, the share of fault assigned to that party may simply go unpaid. A careful investigation therefore looks beyond the driver who hit you to anyone else who contributed, such as a second driver who cut across lanes, an employer whose delivery van was involved, or a public agency responsible for a broken signal.

How does pure comparative fault work at an Arizona intersection?

Your award is reduced by your own share of fault, but you are never barred from recovery. That matters in the left-turn and red-light disputes that are common on wide Valley arterials.

A worked example: a driver turning left on a yellow arrow in Mesa is struck by a pickup speeding through the intersection, while a second driver had stopped illegally in the crosswalk and blocked the turning driver's view. Damages total $200,000. The jury finds the pickup driver 60% at fault, the blocking driver 25% and the turning driver 15%. The turning driver can recover $170,000, with the pickup driver's insurer generally owing $120,000 and the second driver's insurer $50,000. If the second driver had never been identified, that $50,000 share might have gone unpaid.

What Arizona road conditions cause disputes over fault?

Heat, glare and fast, wide streets shape many Arizona crashes. These conditions often become the center of the fault argument.

  • Low sun on east-west streets during morning and evening commutes can blind drivers, and insurers often use glare to excuse a driver who ran a light.
  • Summer heat contributes to tire blowouts and to vehicles breaking down in traffic lanes.
  • Wide multi-lane arterials encourage high speeds near intersections and crosswalks.
  • Winter visitors and new residents unfamiliar with local roads add traffic in the cooler months.
  • Late-night wrong-way crashes on Valley freeways often involve impaired drivers.

Sun glare does not excuse a driver who could have slowed down, shaded their eyes or waited. Weather and lighting records, along with the time and direction of travel, help show what each driver could see.

What if a road defect, government vehicle or signal problem played a role?

A notice of claim must generally be filed within 180 days with the public entity or employee. Missing that deadline can end the claim against the agency, even if the 2-year deadline for private parties is still open.

Common examples include a crash involving a city vehicle or transit bus, a missing or obscured stop sign, a malfunctioning traffic signal, or a dangerous road design. The notice must reach the right official and include specific facts and a settlement amount. Lawsuits against public entities generally must then be filed within 1 year. Our page on government and public property injury claims explains the process.

Where can you get compensation beyond the at-fault driver's policy?

Several sources may be available, and Arizona does not require personal injury protection, so your own coverage choices matter.

  1. The at-fault driver's liability insurance, which is the main source for most claims.
  2. Your uninsured and underinsured motorist coverage, which Arizona insurers must offer.
  3. Medical payments coverage, if you purchased it.
  4. An employer's policy, if the at-fault driver was working.
  5. Rideshare insurance, which depends on the driver's app status; see our rideshare and taxi page.

Because Arizona's constitution prohibits laws limiting damages for injury, there is no cap on pain and suffering. The challenge is usually collecting the full value from the available insurance, which is why identifying every policy matters.

What should you do in the first days after an Arizona crash?

Focus on treatment and evidence. Arizona crash scenes are cleared quickly on busy roads, and video is often recorded over within days.

Get medical care, request the police crash report, photograph vehicles and the intersection, and gather witness names. Ask nearby businesses about cameras. Keep notes on your symptoms and missed work. Avoid recorded statements to the other driver's insurer.

If a commercial truck was involved, see our Arizona truck accident page. For an overview of all Arizona claims, visit our Arizona injury guide. We offer a free case review, and you pay no fee unless we win.

Attorneys reviewing Arizona car accident cases

Frequently Asked Questions

Can I recover in Arizona if I was hit while my car was stalled on the freeway?

Often yes. A driver who rear-ends a stalled vehicle may be largely at fault for following too closely or not paying attention. The defense may argue you should have moved the car or used hazard lights. Under pure comparative fault, any share assigned to you reduces your recovery but does not eliminate it.

What happens if the at-fault driver in my Arizona crash had no insurance?

Your own uninsured motorist coverage may pay for your injuries up to its limits. Arizona insurers must offer this coverage, but many drivers decline it, so check your declarations page. You may also be able to pursue the driver personally, though collecting from an uninsured individual is often difficult. Health insurance and medical payments coverage can help with bills.

Does a crash on tribal land in Arizona follow the same rules?

Not always. Crashes on tribal land can raise questions about which court has authority and which law applies, especially when a tribal member, tribal vehicle or tribal enterprise is involved. Some claims must go through tribal court or follow special procedures. Talk with a lawyer quickly so the correct forum and deadlines are identified.

How is fault decided in an Arizona rear-end crash during a dust storm?

A jury looks at what each driver did as visibility dropped, including speed, following distance and whether drivers pulled off the road as safety guidance advises. A driver who stopped in a travel lane may share fault, and so may a driver who kept going too fast. Pure comparative fault divides the loss among them.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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