Mesa Car Accident Attorney

A car accident can be caused by a number of reasons. They can be major or minor, leaving those involved wondering if they need the assistance of a Mesa car accident lawyer. However, having the aid of a lawyer following a car accident can be a major benefit.

At Luis P. Guerra, L.L.C., we have over 25 years of experience in helping our clients get the justice they deserve. Having obtained significant settlements for those we represent, we are committed to fighting for each client’s rights with the diligence they require. We know that suffering the aftermath of a car accident can be difficult. Our team can explain your options and support you during the legal process.

Arizona uses a fault-based system when calculating losses for a car accident. Therefore, the driver who is at fault will be responsible for any financial damages incurred during the car accident, including medical bills and property damage. The at-fault driver’s insurance company will likely be responsible for paying these damages to the victim of the incident.

A car accident can happen for a number of reasons. Typically, the cause of the incident will be investigated to determine who is at fault. A driver may be deemed at fault for several reasons, such as:

• The driver was intoxicated by drugs or alcohol. Driving while under the influence is illegal. If a person is intoxicated and causes a car accident, they will likely be liable for the incident.
• Disobeying traffic laws. If a driver has blatantly disobeyed a traffic law, such as running a red light or a stop sign, they may be declared the at-fault driver.
• Speeding. This includes both driving over the posted speed limit and driving too fast for the road conditions. For example, if a person is driving full speed in a blizzard (especially if all other vehicles are driving slowly) and crashes into another vehicle, they may be considered at fault.
• Driving recklessly. Even if the driver is technically obeying traffic laws, if they are still driving recklessly (such as tailgating, aggressively driving, or constantly switching lanes), they may be considered at fault if they are in an accident.
• Poor vehicle maintenance. Failing to maintain a vehicle can cause issues on the road, such as a blown tire or failing brakes. If this happens and causes an accident, the driver who failed to maintain their vehicle may be considered liable.

Arizona implements a pure comparative fault rule. This means the person responsible for the accident will usually be responsible for the resulting financial damages. However, if it is determined that the victim is partially responsible (such as if they were speeding), then their payout will be reduced by the percentage they are found to be at fault.

For example, if the victim makes a claim for $100,000 but it is determined that they were 30% at fault, they would be awarded $70,000 in damages ($100,000 minus 30%).

If you’ve been injured or suffered financial losses in a car accident, compensation may be available to you. Even if the accident is minor, financial and legal complications can arise. Some damages you can recover include:

• Medical bills. If you suffered injuries, you can file a claim for any medical expenses you incurred as a result of the accident. These include surgeries, rehabilitation, prescriptions, and hospital visits.
• Lost wages. If you missed out on work due to the accident or any subsequent injuries, you can make a claim for any wages you lost. These also include any future lost earnings and earning potential if your injuries cause you to miss work or not work at the same level of ability as before.
• Pain and suffering. If you suffered physical pain or emotional suffering, you can file for compensation against the responsible party for these damages. The circumstances of your case will determine what constitutes fair compensation for your pain and suffering.

If you want to file a claim with the insurance company, an attorney can represent you in this process. Insurance adjusters often try to settle a claim as soon as possible for as little as possible. An attorney can negotiate on your behalf to get you the compensation you deserve.

The statute of limitations refers to the timeframe that a person legally has to file a claim against another party for damages suffered in a particular situation. For Arizona, the statute of limitations to file a claim for a car accident is typically two years. This statute covers injuries, property damage, and wrongful death.

These claims can be filed by one of the drivers as well as anyone else who was a part of the accident, such as a pedestrian, cyclist, or passenger. The two-year clock begins the day of the incident.

Generally, if you do not file within this timeframe, you will lose your right to recover compensation. However, there are some exceptions to this rule. For example, if the person filing the claim was a minor at the time, the statute of limitations begins the day they turn 18.

It is also worth noting that the statute of limitations does not apply to insurance claims. However, most insurance companies require that you file a claim in a timely fashion, which is usually within a few days.

If you are ever in a car accident, the steps you take afterward can help protect you physically, financially, and legally, even if the accident is minor. Some steps you can take include:

• Contact emergency medical services. If you or another party is injured, you will want to call 911 immediately. The safety of everyone involved is the highest priority.
• Get to a safe space. If you can, move your vehicle to the side of the road. This can help with the flow of traffic and prevent additional accidents from happening.
• Contact law enforcement. Be sure to report the accident to the police so they can make an official report.
• Gather eyewitness accounts. Witnesses can inform you of what they saw. Sometimes, having a third party can be helpful in determining the facts of the incident. It may also benefit your case if you decide to make a claim later.
• Get the other driver’s contact information. This includes their phone number and insurance information as well as the car’s information (such as the make and model).
• Take pictures. Take photos and videos of the accident, especially any property damage you may have suffered.
• Seek medical attention. Even if the accident was minor, you may still want to check in with your doctor just to be sure there are no internal injuries.

Every car accident does not require the assistance of an attorney. However, there are some situations where you may need an attorney to help with the aftermath of an accident. Some of these include:

• You suffered major injuries. If you suffered major injuries, especially if they required extensive medical care, you may want to contact an attorney to recover any damages you suffered as a result of your injuries. These include medical bills, lost wages (if you missed work as a result of your injuries), and pain and suffering.
• You lost a loved one in the accident. If the car accident resulted in death, you may have grounds for a wrongful death claim, especially if the other driver was negligent.
• A government agency was responsible. If a government agency was responsible for the accident, you may want to contact an attorney. The legal process for filing a claim against a government entity is different from a normal claim, but a lawyer can handle this type of case.
• The accident is complex. Complex situations include multiple car accidents, accidents involving truck drivers (or a situation where the other driver was driving for their job), or accidents involving pedestrians.

If you do decide to hire an attorney in Mesa, you will want to contact them as soon as possible. Insurance adjusters usually get started right away to settle a claim as quickly as they can. An attorney can look at the facts surrounding your case and let you know what a fair payout is. Insurance companies may try to pay you far less than what you are owed. An attorney can make sure a settlement adequately compensates you for the full extent of your losses.

If your case proceeds to trial, an attorney can prepare all the necessary documentation you will need and represent you in court.

The particulars of your case will determine whether you require a car accident lawyer. However, it is a good idea to speak with one, regardless of the circumstances. In some situations, it may not be necessary to hire a lawyer. For instance, if your insurance company can handle all the necessary matters (including hiring an attorney), you may not need to hire your own lawyer.

If you are a lawyer yourself and have experience handling similar cases, you could also handle the process yourself.

Furthermore, in cases where there are no injuries or any injuries are minor, a lawyer may not be necessary. You may not need to seek compensation in minor cases, especially if there is also no or little property damage. Sometimes, an attorney may even tell you it is not worth pursuing a claim if they do not think there is any compensation to be recovered.

Q: How Long After a Car Accident Can You Sue in Arizona?

A: In Arizona, the statute of limitations for filing a car accident claim is typically two years from the date of the accident. This usually refers to personal injury and property damage claims. If you do not file within this timeframe, your claim will likely be denied. However, certain exceptions may apply, such as if you were a minor at the time of the accident. An attorney can determine if you qualify for an exception.

Q: What Are Most Lawyer Fees for Car Accidents?

A: Each lawyer charges their own specific fee for car accidents. However, many lawyers charge on a contingency fee basis. This means that they do not charge their clients for their services upfront. Their fee is a percentage of the earnings their client receives if they win a settlement. Your attorney can discuss fees with you so you know how much to expect to pay.

Q: Is Arizona a No-Fault Accident State?

A: Arizona is not a no-fault accident state. Arizona operates on a fault-based system. The person who caused the accident will typically be responsible for damages incurred from the accident. Usually, their insurance company will be responsible for paying compensation for the damages incurred. If fault is shared, financial responsibility is usually assigned based on the percentage that each person was at fault.

Q: Who Is Liable for a Car Accident in Arizona?

A: Liability in Arizona is based on who is determined to be the negligent driver. Negligence can include texting while driving, speeding, driving while drunk, or disobeying traffic laws. Arizona operates on comparative negligence, so even if a person is partially at fault, they might still recover some compensation for their damages. Their settlement or case award will be reduced by the percentage they are at fault.

Q: What Damages Can I Recover in a Car Accident Case?

A: If you are involved in a car accident, there are a few damages you can recover. First, if the accident resulted in you needing medical attention, you can file a claim for any medical expenses, including hospital visits and surgeries. You may also file a claim for any wages you lost as a result. Furthermore, you can seek compensation for intangible losses, such as pain and suffering.

If you have been injured in a car accident, the attorneys at Luis P. Guerra, L.L.C., can recover the damages you deserve. We can manage the legal process so you can focus on healing. Contact us today to get started.