How Does a Car Accident Lawyer in Peoria, AZ Determine Fault in a Case?

Every year, close to three hundred traffic accidents occur in Peoria, AZ. Many of their victims decide to turn to a Peoria car accident lawyer to help them seek compensation. For example, in 2017, no less than 2,809 accidents occurred in the area. Out of these:

  • 1,853 accidents resulted in property damage
  • 948 accidents resulted in injuries to 1,424 persons
  • 8 accidents took 8 lives

It is easy to imagine the huge amounts the total damages of these accidents reached. Under Arizona laws, the party at fault for an accident or their insurer has to cover all the losses. However, the “pure comparative fault rule” applies to most cases and turns them into battles between car accident lawyers

Comparative Fault and the Need to Work with an Experienced Peoria Car Accident Lawyer

According to comparative fault laws, all the parties involved in an accident can share the fault for it. If they do, each party is responsible for a share of the damages equal to their fault percentage. Let’s say an accident on I-17 resulted in damages worth $50,000. The jury decides the plaintiff was 20% at fault for the accident, while the defendant was 80% at fault.

This means the plaintiff will cover $10,000 worth of the damages, and the defendant will cover the rest of $40,000. How much each of the party pays and recovers depends on the value of the damages each incurred.

Under the circumstances, it is in each party’s best interest to blame the other party. For the plaintiff, each fault percentage they attribute to the defendant adds to the compensation. For the defendant, each fault percentage attributed to the plaintiff diminishes the amount they have to pay.

The jury establishes fault based on the evidence available. The burden of proof falls on the claimant. The compensation they receive depends on their ability to prove the defendant’s liability. Of course, they will also have to provide evidence of the losses they incurred. This is much easier to accomplish when working with an experienced Peoria car accident lawyer.

Since a Peoria car accident lawyer can offer free case reviews, the claimant has nothing to lose. They actually obtain a free evaluation of their case. The attorney will review the case details from a legal perspective and determine accident fault.

How Does a Peoria Car Accident Lawyer Determine Accident Fault? 

Upon reviewing a case, a Peoria car accident lawyer will usually try to determine the cause of the accident. In Arizona, the most common accident causes are:

  • Speed – Many drivers exceed the legal speed limits or fail to adjust speed to traffic conditions.
  • Dangerous maneuvers – Tailgating and wrong turns often lead to accidents in Peoria, AZ
  • Irresponsible behavior – Too many Peoria drivers get behind the wheel after consuming drugs or alcohol. Others decide to drive after taking medicines that affect their focus and reaction speed. There are also drivers who drive so tired that they fall asleep at the wheel.

To determine the cause, a car accident lawyer will examine the following:

  • Drivers’ BAC and medical and driving records
  • Accident scene evidence: skid or brake marks, oil leaks, vehicle position, speedometer indications
  • Police accident report
  • Witness testimonies
  • Photos and video recordings from the accident scene

Once they establish accident liability, they focus on gathering the necessary evidence. Some auto accident attorneys simply guide their clients, while others conduct their own investigations. Sometimes, they use expert testimonies to prove their cases. Other times, they cite case precedents to determine the jury to reach the verdict they are after.

An experienced Peoria car accident lawyer will not rest until they obtain the compensation their client deserves. If necessary, they will not hesitate to take on insurance giants or go to court. They will investigate, negotiate, and appeal unfavorable decisions. They will defend their client’s rights at all cost.

Let an Experienced Peoria Car Accident Lawyer Defend Your Interests!

As an accident victim, your success in obtaining compensation will depend on the evidence you gather. Alone, you would be wandering in the dark, not sure where to look and what to look for. With a Peoria car accident lawyer on your side, everything is one thousand times easier. For more details, schedule a free consultation with a Peoria car accident lawyer at Warnock MacKinlay Law!

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