Someone hurt in a car wreck in Arizona has certain legal rights. Typically, they will have the right to file an insurance claim for the losses they suffered. The liability coverage for the driver at fault for the collision should reimburse them for lost wages, hospital bills and vehicle repair expenses.
Sometimes, a driver breaks the law by operating a motor vehicle on public roads without insurance. Other times, they cause catastrophic crashes that produce damages far beyond what their insurance will cover.
The people hurt in crashes may occasionally need to file civil lawsuits for any expenses not covered by insurance. What would you need to prove to bring a successful personal injury lawsuit after a crash in Arizona?
You have to prove the other party is at fault
Driving is an inherently risky activity, and drivers can increase their risk of getting into a crash by making bad decisions at the wheel.
If there is traffic camera footage showing the other driver on their phone or a police report proving that they were above the legal limit for blood alcohol concentration, you can use that evidence to show how the driver was at fault.
Proving that misconduct or negligence played a role in the crash is crucial to your right to claim compensation from the other driver.
You have to prove that there were financial consequences for you
Even if the other driver blatantly broke the law and absolutely wrecked your vehicle, you won’t be able to bring a lawsuit against them if their insurance actually covered all of your expenses.
Only when you have provable financial losses not already covered by insurance can you bring a civil claim against the other driver. If their insurance is not sufficient or if they don’t have active coverage, records of your lost wages, medical bills and expenses can help you recover those costs.
The other driver may try to defend against the claim, possibly by blaming you for the wreck. The better prepared you are before you go to court, the better your chances of succeeding. Taking the right steps after a motor vehicle collision and help you minimize the lasting consequences of the wreck on your life.