When you've been injured in a car accident in Arizona, you have a legal right to recover for your injuries from the at-fault driver. However, there are a number of other laws that control your car accident case. For example, A.R.S. § 12-542 requires an injured person to file a personal injury lawsuit within two (2) years of the accident. This law is known as the statute of limitations and exists to ensure that evidence and witnesses in a personal injury case are reliable. The statute of limitations also helps insurance companies and businesses calculate their own exposure to liability.  

Insurance Policy Minimums: Arizona is an at-fault state when it comes to car accidents, meaning that the driver who caused your car crash is responsible for the resulting damages. A.R.S. § 28-4009 requires all drivers to carry liability insurance with minimum coverage limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage.

Comparative Negligence: You may still be able to recover money for your damages even if you think you may be at some fault for your accident. Arizona has a comparative negligence statute, A.R.S. § 12-2505, which means that if multiple parties were at fault for an accident, their liability will be apportioned based on their percentage of fault. For example, if you are found to be 30% at fault for the accident, your damages award would be reduced by 30%. During our free case strategy sessions, we will consider all of the evidence available, and the circumstances of your Arizona car accident, to help you determine your legal rights regardless of where fault lies. 

Common Arizona Driving Violations:
Obedience to Traffic Control Devices

A.R.S. § 28-644 requires all drivers to obey traffic control devices applicable to the driver. A "traffic control device" includes features like signs and traffic signals. 

 

Reasonable and Prudent Speed

A.R.S. § 28-701 requires all drivers to drive their vehicles at a speed that is reasonable and prudent under the circumstances. Arizona law presumes that a person going over fifteen (15) miles per hour approaching a school crossing, twenty-five miles (25) per hour in a business or residential district, or sixty-five (65) miles per hour in other locations is traveling unreasonably fast.  However, this presumption only exists when a speed limit is not imposed on the particular street that the driver is traveling on, which is rare.  

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Driving on Right Side of Roadway/Shoulder

A.R.S. § 28-721 generally requires all drivers to drive in the right lane of a roadway. However, exceptions to this law include (1) passing another vehicle that is traveling in the same direction as you; (2) when the right lane is obstructed by construction; (3) on roadways that are divided into three separate, marked lanes for traffic; and (4) on roadways designated for one-way traffic.​

 

Passing Another Car On the Left

A.R.S. § 28-723 requires all drivers to pass to the left of the vehicle at a safe distance and may not return to the right side of the roadway until the driver can safely do so. Additionally, Arizona law prohibits drivers who are being overtaken on the left from increasing their speed until the other driver safely overtakes them. 

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Following Too Closely

A.R.S. § 28-730 prohibits drivers from following another driver too closely. What this generally means is that a driver must follow the driver in front of them at a distance that is “reasonable and prudent,” considering the speed of other drivers and traffic conditions along the roadway.

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Reckless Driving

A.R.S. § 28-693 prohibits drivers from driving their vehicle in reckless disregard for the safety of other people or property. What "reckless driving" looks like will depend on a number of circumstances. If you've been injured in a car accident in Arizona and the other driver was cited for violating A.R.S. § 28-693, a call to The Dr. Lawyer Law Group can help you determine your legal rights against the other driver.