When you’re involved in a car accident in Arizona, understanding the laws that apply to your situation can make all the difference. From determining fault and insurance coverage to knowing your rights under Arizona Revised Statutes (A.R.S.), the legal process can feel complex, especially while recovering from injuries or managing medical bills.
At Harris Injury Law, our team of experienced Phoenix car accident attorneys helps drivers throughout Phoenix, AZ, and surrounding areas navigate the rules that govern motor vehicle accidents, helping them understand their legal options under Arizona law.
This comprehensive guide breaks down the essential Arizona car accident laws, including fault and liability, comparative negligence, insurance requirements, accident reporting, and the statute of limitations for filing a claim.
Understanding Arizona’s Fault-Based System
Arizona Is a Fault State
Arizona follows a fault-based system (also known as a “tort system”) for motor vehicle accidents. This means that the at-fault driver, and by extension, their insurance company, is legally responsible for the financial harm caused to others.
When a car accident occurs, the injured party can:
- File a claim with the at-fault driver’s insurance company
- File a claim with their own car insurance company (if applicable)
- File a personal injury lawsuit against the at-fault party
Under A.R.S. §28-4009, all Arizona drivers must carry liability insurance to cover damages they cause in an accident.
Arizona Car Insurance Requirements
Minimum Liability Coverage
According to the Arizona Department of Transportation (ADOT), all registered motor vehicles must carry at least the following liability insurance:
- $25,000 for bodily injury or death of one person
- $50,000 for bodily injury or death of two or more people
- $15,000 for property damage
This coverage protects other drivers involved in a crash and applies to public or private property where the accident occurred.
Why Insurance Coverage Matters
If you fail to carry liability insurance, you could face penalties such as license suspension, vehicle registration cancellation, and fines.
Uninsured drivers also risk personal liability for medical expenses, property damage, and lost wages if they cause an accident.
For victims, understanding insurance coverage is essential when seeking compensation for medical or surgical treatment, bodily injury, or vehicle damage.
Comparative Negligence and Fault in Arizona Car Accidents
The Pure Comparative Negligence Rule
Arizona uses a pure comparative negligence system under A.R.S. §12-2505. This rule allows each driver involved in a crash to recover damages even if they share part of the blame.
For example:
If a jury finds you 20% at fault for an accident, and your total damages are $100,000, your award would be reduced to $80,000.
This comparative negligence law provides a legal method to allocate damages based on fault.
Determining Fault After a Motor Vehicle Accident
Fault is determined by analyzing evidence such as:
- The police report
- Statements from drivers involved and witnesses
- Traffic laws and violations committed
- Photos or videos from the accident scene
Police officers prepare a written accident report containing details such as the vehicle’s registration number, driver’s license, and vehicle registration number. This report often plays a key role when filing car accident claims with an insurance company or law firm.
Reporting an Accident in Arizona
When a Police Report Is Required
Under A.R.S. §28-667, a police officer must prepare and submit a written report within 24 hours if a crash results in:
- Serious physical injury or death
- Property damage of $2,000 or more
- A hit-and-run accident
- An uninsured driver
Drivers involved in an auto accident case are legally obligated to remain at the scene, provide their driver’s license and vehicle registration number, and render reasonable assistance to injured persons.
Failing to remain at the accident scene or failing to report an accident can lead to criminal penalties under Arizona law.
What to Do at the Scene
If you’re in a minor accident with no injuries, you should still:
- Move your vehicle to safety.
- Exchange information (names, phone numbers, insurance details).
- Take photos of the accident scene, vehicle damage, and injuries sustained.
- Call local police to document the incident.
- Obtain the police report number for your records.
Even small collisions can lead to delayed physical injuries or disputes over property damage, so proper documentation is crucial.
Liability and Car Accident Claims
Establishing Negligence
To recover damages in Arizona car accident cases, the injured person must prove that the other party was negligent.
This typically involves showing:
- The driver owed a duty of care (to operate safely).
- The driver breached that duty by acting carelessly or recklessly.
- The breach caused the accident.
- The injured party suffered financial harm (medical bills, lost wages, etc.).
The at-fault driver’s insurance provider may be liable for covered losses, depending on the policy and facts of the case.
Types of Recoverable Damages
An injured party in Arizona may seek compensation for:
- Medical expenses and medical treatment (including surgery, therapy, and rehabilitation)
- Lost wages or reduced earning capacity
- Property damage and vehicle repairs
- Non-economic damages such as physical discomfort or emotional distress
In cases of severe injury or wrongful death, damages may also include funeral costs and loss of consortium.
Arizona Car Accident Laws: Key Statutes and Legal Duties
A.R.S. §28-661 – Duty to Remain at the Scene
Drivers must stop immediately after a crash involving injuries involved or property damage. They must provide identifying information and offer reasonable assistance to the injured person.
A.R.S. §28-662 – Duty to Give Information and Assistance
Drivers involved in car accidents are required to:
- Provide their name, address, and driver’s license number
- Show their vehicle’s registration number
- Present proof of liability insurance
- Assist anyone who needs medical or surgical treatment
A.R.S. §28-663 – Duty to Report
A driver involved in an accident in Arizona must notify law enforcement if injuries or significant damage occur. Failure to do so can lead to penalties or license suspension.
How Comparative Negligence Affects Settlements
Even if you are partially responsible for a motor vehicle accident, Arizona’s pure comparative negligence rule allows you to recover damages proportional to your degree of fault.
Insurance adjusters often use this law to argue that a claimant shares some blame, reducing the settlement amount. An experienced attorney can assist in reviewing and presenting evidence related to fault.
Statute of Limitations for Arizona Car Accident Cases
How Long You Have to File a Claim
Under A.R.S. §12-542, the statute of limitations for filing a personal injury claim after a car accident in Arizona is two years from the date of the incident.
If the claim involves property damage, personal injuries, or serious injury, may result in losing the right to pursue a claim.
Exceptions to the Rule
There are limited exceptions to this deadline, such as:
- When the injured person is a minor.
- When injuries were not immediately discovered.
- When the at-fault party is a government employee or entity (special filing deadlines apply).
Because these timelines are strict, consulting an experienced car accident attorney as soon as possible helps preserve your right to recover compensation.
What to Do After a Car Accident in Arizona
1. Seek Medical Treatment
Even if you feel fine, some injuries sustained, like concussions or internal bleeding, may not show symptoms immediately.
Prompt medical treatment creates documentation that links your injuries to the car crash, which can be crucial in your insurance claim or auto accident case.
2. Notify Your Insurance Company
Inform your car insurance company about the crash as soon as possible. Be honest and factual, but avoid admitting fault or speculating about the cause.
If contacted by the other driver’s insurance company, refer them to your attorney at Harris Injury Law. Insurers may offer early settlements that may not reflect the full extent of your claim.
3. Contact an Experienced Car Accident Attorney
Navigating Arizona car accident laws requires legal experience and understanding of comparative negligence, insurance coverage, and Arizona statutes.
Harris Injury Law helps you gather police reports, assess liability, calculate medical expenses, and negotiate fair settlements.
How Harris Injury Law Helps Arizona Drivers
At Harris Injury Law, we understand that car accidents can cause life-changing personal injuries, vehicle damage, and financial hardship.
Our law firm represents injured parties throughout Phoenix and Maricopa County, providing personal attention and direct access to Attorney Jason A. Harris is accessible to clients for questions and case updates.
We help clients:
- Understand Arizona car accident laws
- Determine the at-fault driver and evaluate insurance coverage
- File insurance claims and personal injury cases
- Calculate medical bills, lost wages, and property damage
- Navigate their legal options under Arizona’s comparative negligence law.
About Jason A. Harris
Jason A. Harris handles both personal injury and workers’ compensation cases, which can be helpful when client matters involve medical and employment issues. His dual expertise enables him to handle complex Arizona car accident cases involving overlapping medical and employment issues.
With over 16 years of experience, Jason has represented thousands of injured parties in motor vehicle accidents, including collisions involving serious physical injury, truck accidents, and hit and run accidents.
Jason earned his law degree from Western Michigan’s Thomas M. Cooley Law School and gained courtroom experience through the Washtenaw County Public Defender’s Office in Ann Arbor, Michigan. His approach is built on thorough preparation and a client-centered approach.
“After my auto accident in Phoenix, Jason Harris and his team handled everything, from the insurance paperwork to my medical expenses. They guided me through the process, and I didn’t have to pay any attorney fees unless a recovery was made.” – Phoenix Client Testimonial
Why Phoenix Residents Choose Harris Injury Law
When it comes to navigating Arizona car accident laws, not all firms offer the same level of expertise. Here’s what makes Harris Injury Law different:
- Dual Practice Knowledge: Personal injury and workers’ compensation under one roof.
- Direct Attorney Access: You’ll always speak with Jason Harris, not just staff.
- Contingency Fee Basis: No upfront costs, we only collect attorney fees if compensation is recovered, as outlined in the fee agreement.
- Local Insight: Our firm understands Arizona laws, traffic patterns, and insurance practices unique to Phoenix and Maricopa County.
Whether your accident occurred on I-10, Loop 101, or local Phoenix roads, our team is ready to guide you through every stage of your auto accident case.
Schedule Your Free Consultation
If you’ve been involved in a car accident in Arizona, understanding your legal rights can help you protect your future. Harris Injury Law provides compassionate, knowledgeable guidance to help you seek compensation for your losses.
Call or text (480) 800-HURT to schedule your free consultation today. You can contact us after hours, and we aim to respond as promptly as possible.
