Being involved in a car accident can be scary and overwhelming. The aftermath of the collision can also cause a lot of uncertainties. You need to recover from any injuries you suffered. Additionally, you must manage the financial burden of medical expenses, car repairs, and lost wages. In order to get the compensation you deserve, you may need to go through an insurance claim process. In some cases, it may even be necessary to file a lawsuit. You may be worried about liability, especially if you were speeding or there were other factors that meant you were partially at fault. We are here to help you understand how this may impact your potential case.
Here is what you need to know about speeding and car accident liability:
Pure Comparative Negligence
Arizona, like many other states, has an “at fault” system for car accident claims. This means that when a motor vehicle collision occurs, the insurance company will determine whether one or both drivers caused the accident through negligence. This means that a driver did not take reasonable precautions while on the road. This process is often more complicated than simply determining that one driver was totally at fault for an accident. Arizona is a “pure comparative negligence” state, so fault in a car accident is assigned as a percentage. Speeding is one factor that may impact this. For example, if the other driver was mostly at fault but you admitted on the scene to driving over the speed limit, you may be determined to be partially responsible.
Settlements are paid according to this comparative negligence percentage. If you are 25% at fault for an accident, you will only receive 75% of the damages the insurance company determined. Another interesting aspect of Arizona’s car accident laws is that you can receive damages even if you were over 50% at fault. In theory, a driver who was 99% at fault for the accident is still entitled to receive 1% of the amount the insurance company calculated for their damages.
How Does Speeding Affect This?
There is no definitive rule for how speeding will impact your percentage of fault in a vehicle collision. The insurance company will make this determination. If you disagree with their offer and take the case to court, a jury will calculate a percentage of fault. Each case is different and it will likely depend on other circumstances.
For example, if you were driving too fast in poor road conditions, this may be considered more negligent than driving slightly over the posted speed limit on well-maintained roads. Determining how speeding impacts your liability in a collision can be complicated. You should not assume the insurance company has your best interest at heart and you do not want to accidentally say something over the phone to an adjuster that impacts your settlement. This could be as simple as alluding to any type of action that could be considered negligent, including speeding. You should avoid speaking with adjusters or making any statements until you speak with a lawyer.
Hiring a Car Accident Attorney
Because Arizona car accident law varies depending on the specific case, it is important to hire an experienced personal injury lawyer. Your attorney will look at the specifics of your case and will help you achieve the best possible outcome.
Speeding and Negligence
If you were speeding at the time of your accident, the insurance company may try to assign you with a percentage of fault. They have a team of adjusters and attorneys who will be trying to pay you as little as possible. You need a law firm on your side that specializes in auto accident cases. We will negotiate with the insurance company to get you the money you deserve. If they won’t offer a fair settlement, we will file a lawsuit on your behalf.
