Being the victim of a car accident can be physically and emotionally traumatizing. Dealing with the aftermath while recovering from your injuries can add extra stress to an already hectic situation, especially when handling insurance companies, medical expenses, and lawsuits.
You do not have to go through this process alone. If you or a loved one have been in a crash, call Zinda Law Group for a free consultation with an experienced Tucson personal injury attorney. We will review your personal injury case and plan a legal strategy to help you recover compensation.
Common Causes of Car Accidents
Negligent driver behavior is one of Arizona’s leading causes of fatal and non-fatal vehicle collisions. Common causes of car crashes include:
- Reckless or aggressive driving
- Distracted driving
- Drunk driving
- Failing to wear a seatbelt
Since improper driver behavior is one of the leading causes of vehicle-related accidents, it is possible to drastically reduce the yearly number of traffic incidents if motorists obey traffic laws and practice safe driving techniques.
For a free legal consultation with a car accidents lawyer serving Tucson, call 800-863-5312
What to Do After a Car Accident
Traffic accidents can be a stressful and overwhelming experience. After ensuring everyone involved is safe and calling for medical assistance, there are other important steps to take.
What you do after a car crash can greatly impact your claim. Therefore, try to document the scene and collect evidence to strengthen your case.
Seek Medical Attention
One of the first things you should do after a car accident is to seek immediate medical attention. Even if you feel like you were not injured or that your injuries are not severe, you should still get care from a qualified medical professional; some injuries may manifest hours or even days after the crash.
It is also important to follow your physician’s instructions, take any prescribed medications, and return to your physician for follow-up appointments. Being proactive with your medical treatment is essential for your health and recovery.
Furthermore, showing continuity in your treatment will strengthen your personal injury claim’s foundation. This will make it harder for the opposing party to dismiss or minimize your injuries.
If you wait too long to receive medical treatment or you are inconsistent with your medical care, it can endanger your claim. Insurance companies may find grounds to diminish the impact of your injuries, which may lead to your receiving less compensation.
Gather Relevant Documents
If police officers were called to the accident scene, they should have gathered the necessary information from both parties and created a car crash report. If officers were not called to the scene, you should file a report online through the Tucson Police Department’s platform.
Obtaining a copy of the car accident report is important because you will need it for insurance purposes and to support any legal claims you may have.
You can obtain a copy of the car accident report online, in person, or by filling out a records request form and mailing or emailing it to the Tucson Police Department Records Section at 270 S. Stone Ave., Tucson, AZ 85701-1917.
In addition to obtaining a copy of the accident report, you will want to gather all documents and records associated with the accident. Examples of documents you should compile include:
- Accident report
- Police reports
- Vehicle repair bills
- Medical documents
- Employer records evidencing missed days of work
- Pictures that you may have taken of the scene, your injuries, or damage to your vehicle
Gathering these documents will greatly assist your attorney with your representation should you file a lawsuit.
Car Accident in Tucson lawyers near me 800-863-5312
Legal Claims You Can Assert If You Were Injured in a Car Accident
The type of legal claims you can assert if you were injured in a car accident will depend on the specific details of your case. However, the most common claims arising from car accident cases include negligence and wrongful death suits.
A negligence action is a legal claim asserting that the defendant’s careless and reckless behavior breached their duty to act as a reasonable person in the circumstances and caused the plaintiff’s (the person bringing the lawsuit) injuries.
Four elements must be met to establish a negligence claim:
- Duty: The plaintiff must prove that the defendant owed the plaintiff a duty of care. In other words, the plaintiff must show that the defendant had a duty to conform to a certain standard of care.
- Breach of duty: The defendant breached the applicable standard of care. In other words, the defendant’s actions did not conform with, or fell below, the standard of care.
- Causation: A causal connection exists between the defendant’s conduct and the plaintiff’s injury. In other words, the plaintiff must prove that the defendant caused the plaintiff’s injuries.
- Damages: The plaintiff must show that they suffered actual damages or harm.
To succeed with a negligence claim, the plaintiff must show evidence that supports each of the four elements listed above. If you or a loved one were injured in a crash caused by another motorist’s reckless or careless actions, you should seek legal advice from an experienced Tucson car accident attorney.
A wrongful death suit is a claim that the deceased person’s family files against the defendant for causing the death via negligence or misconduct.
Wrongful death claims compensate plaintiffs for the harm they suffer for having to live without the support of the deceased person. In Arizona, only the surviving spouse, children, personal representative, parents, or guardians of the deceased can bring a claim for wrongful death.
The complex nature of wrongful death claims often makes these more difficult to prosecute than other personal injury cases. However, hiring an experienced Tucson wrongful death lawyer can ensure that you create a compelling and legally sound case.
Damages Available for Car Accident Victims
Car accident victims can recover both economic and non-economic damages. Economic damages are meant to compensate the injured party for monetary losses or expenses incurred due to the accident. Non-economic damages are less definite, harder to quantify, and include pain and suffering.
Types of economic damages that are recoverable in a car accident negligence case include:
- Medical bills
- Lost income
- Loss of earning capacity
- Out-of-pocket expenses
- Property damage
- In-home services
Types of non-economic damages that are recoverable in a car accident negligence case include:
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
- Emotional distress
- Permanent disability
The ability to recover damages when you are injured in a car accident is the legal system’s way of making you “whole again” when another party has wronged you.
That is why choosing a legal team that can help maximize your compensation is crucial to ensuring that you do not end up paying the price for someone else’s carelessness.
Wrongful Death Damages
Types of economic and non-economic compensation that are recoverable for car accident-related wrongful death claims include:
- Medical expenses
- Funeral expenses
- Burial costs
- Out-of-pocket expenses
- Loss of financial support
- Loss of income
- Lost wages
- Loss of benefits
- Lost prospect of inheritance
- Loss of companionship
- Pain and suffering
Our compassionate wrongful death attorneys in Tucson will guide you through this difficult period. We will help you receive the compensation you need to rebuild your life after the tragic loss you suffered.
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A Statistical Overview of Auto Accidents in Arizona
According to the Arizona Department of Transportation, in 2021, there were 121,345 motor vehicle crashes, which resulted in the deaths of 1,180 people and left 51,633 people injured.
According to the Arizona Department of Transportation Systems Management and Operations, there were 104,757 reported accidents in urban areas, in contrast to 16,588 crashes in rural areas. This can be attributed to factors such as increased traffic volume, complex road networks, and higher levels of driver distraction.
It is evident from the statistics that car accidents occur frequently and often lead to serious injuries or even death. So, if you or a loved one were involved in an accident due to the negligent actions of another party, you should seek advice from experienced Tucson attorneys about legal remedies available to you.
Frequently Asked Questions About Tucson Car Accidents
In Tucson, Arizona, car accidents are, unfortunately, a common occurrence. As a result, people often have many questions about what to do after a car accident. Some frequently asked questions include the statute of limitations for filing a lawsuit and determining fault for the crash.
As experienced car accident lawyers in Tucson, we answer some of our clients’ most frequently asked questions.
How Long do I Have to File a Personal Injury Lawsuit?
Under Arizona law, the statute of limitations for personal injury and wrongful death claims is two years. That means you have two years from the date of the accident to file a lawsuit.
If the statute of limitations runs out and you fail to file a lawsuit within the two-year period, you will likely be permanently barred from bringing that lawsuit. In other words, the timer for filing a lawsuit starts counting down as soon as the accident occurs; you do not want to let the statute of limitations for your case run out.
If you believe you have a personal injury case against another party, seek legal advice from a qualified Tucson attorney as soon as possible or risk missing an important deadline.
What If I Was Partially at Fault for the Accident?
Arizona adheres to a legal principle called comparative negligence. Under the doctrine of comparative negligence, the fact that the plaintiff was partially at fault for the accident will not bar them from recovering damages.
Instead, when the plaintiff is partially at fault for the accident, the damages that the jury awards the plaintiff are reduced by the percentage of fault attributed to the plaintiff.
For example, suppose the jury determines that the defendant was 80% at fault for the accident, the plaintiff was 20% at fault, and the plaintiff suffered $100,000 in damages.
Under the theory of comparative negligence, the plaintiff will only be able to recover $80,000 because their recovery is reduced by the percentage of fault attributed to them, 20%.
Zinda Law Group Can Help If You Were Injured in a Tucson Car Accident
Figuring out your next steps after a car accident can be overwhelming, confusing, and stressful, especially if you are recovering from your injuries or have just lost a loved one.
The attorneys at Zinda Law Group have years of experience handling car accident cases and are happy to discuss your case with you and guide you through the process if you choose to file a lawsuit.
That is why, if you or a loved one were hurt in a car wreck in Tucson, you should call us for a 100% free case evaluation with our Tucson car accident attorneys. You will not have to pay us legal fees if we do not win your case. This is our No Win, No Fee Guarantee.
Please note that meetings with attorneys are available by appointment only.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO