If you have been injured in a Phoenix car accident and someone else was to blame, you have the right to demand compensation for your losses. However, the dollar figure you can secure depends on how much fault you bear for the accident. You need to be able to dispute fault if the other driver’s insurance company tries to pin some or all of the blame on you. Learn more from our car accident attorneys here, or contact us for a free case review.
What Is Fault in a Car Accident Claim?
Most car accidents occur because one of the drivers involved in the accident behaved in a negligent manner, such as by:
- Violating traffic laws
- Becoming distracted
- Driving while fatigued
- Not looking before changing lanes
- Following another vehicle too closely
Generally, a driver who does not follow the rules of the road is considered at fault for a resulting collision. Proving that the other driver was at fault is the most important factor in successfully recovering compensation in your claim.
How to Dispute Fault in a Car Accident Case
In Arizona, you can still recover compensation even if you are 99 percent at fault for an accident. But because the amount of compensation you receive depends on the amount of responsibility you bear for the accident, the insurance company is motivated to pin as much blame on you as possible.
The first step you will need to take toward disputing fault in your case is to collect evidence establishing the other driver’s fault. This evidence could include:
- Photos and videos of the accident scene
- Witness statements or contact information
- Medical records and bills
- Automobile repair invoices
You should also get a copy of the police accident report as soon as possible. In Arizona, police should make a crash report of any collision that results in injury, but this does not always happen. In this report, the responding officer will provide their assessment of who was responsible for the crash. While this report is not legally binding, it can be a valuable piece of evidence for your claim.
If you believe they have unfairly assigned the fault to you, you can contact the officer who filed the report and present them with evidence proving the other party is to blame. They may agree with you and amend the report. If not, you will need to take further steps.
A knowledgeable Phoenix car accident attorney can review your case and secure the evidence needed to establish fault for the collision. They can also dispute fault for the accident with the insurance company, on the crash report, or in court to pursue maximum compensation.
Talk to an Experienced Car Accident Lawyer in Phoenix, AZ Today
Having a skilled car accident attorney on your side is always a good idea when filing an injury claim and demanding the compensation you deserve. However, it is particularly important to have a strong legal advocate if you need to dispute fault for a car accident.
The experienced legal team at Silkman Law Firm Injury & Accident Lawyer is ready to give you and your claim the individual attention you deserve. Contact us today for a free case review with a Phoenix car accident lawyer, and let us get to work for you.