The outcome is pretty cut and dry if a driver plows into you after he runs a red light. He is at fault, and either he or his insurance company owes you money for medical expenses and auto repairs. What happens when the fault in a car accident isn’t that easy to establish? What if you did something wrong as a Phoenix AZ driver, and you are partially to blame for the incident? Can you still receive compensation for your medical bills and auto repairs? Might you still be entitled to punitive damages, as well? Here’s the answer.
The Comparative Fault Theory
Arizona is a state that uses the comparative fault theory. That means that the court may still order a defendant to compensate a plaintiff for personal injury even if the plaintiff is partially at fault for an accident. For example, you may still get compensation if you were driving with one headlight, and someone sideswiped you.
The Amount You Can Recover
The amount that you can recover for the incident depends on what the court determines is your percentage of fault. If you were 30 percent at fault for the incident, you would only receive 70 percent of the settlement if you win the case. Your award will diminish by the percent that you were at fault for the incident. You might still qualify for punitive damages if the attorney can prove extreme neglect and your eligibility for compensatory damages. The amount will depend on the total of your auto repairs, medical bills and other expenses.
How an Attorney Can Help
An attorney can assist with your Phoenix vehicular accident in many ways. For one, he or she can collect the information pertaining to your case to determine whether you are eligible for representation. The attorney can also communicate with the other party to determine whether or not you can settle your case out of court. Furthermore, the lawyer can stand by your side and fight for your rights if the case needs to proceed to the courtroom. This person will give his or her best effort to prove that you were the victim in the case, and you deserve compensation so that you can rebuild your life.
It’s time to schedule an appointment with our reliable car accident attorney in Phoenix and discuss the events leading up to your accident. You may be surprised to find that you are still eligible to request compensation from the other party.
