You’re probably aware that as a victim of a car, pedestrian, or auto accident, your legal case in Phoenix, Arizona will be considered negligence due to the accident happening through no fault of your own. But, what does that mean in legal terms, and how does that impact your ongoing legal case- and more importantly, your outcome?
When an accident happens unintentionally, an attorney will argue that even though the plaintiff was negligent, meaning they caused the accident, they never intended to cause it or even set out to have the accident with you in the first place.
Do you know what it really means to be negligent in Arizona?
Negligence is the area of law that looks to directly address the harm caused- not by intent which is a required element in most crimes- but by inattention or carelessness. In other words, it’s an accident but someone is still to blame and a court in Arizona will fight to defend your right as a victim to receive compensation that fits your individual accident- and suffering.
Examples of when someone has acted negligent and as a result caused an accident, not intentionally but due to their own carelessness include:
- Driving under the influence of drinks or drugs
- Being distracted by a phone or even passenger when driving
- Not looking at a junction or ignoring road signs and signals
- Pulling out in front of another moving
An attorney will argue that whilst it was an accident, the plaintiff had a duty of care and diligence to not cause an accident in the first place. Driving under the influence of alcohol, for example, can very easily be avoided which is where the negligent element comes in. As road-users and pedestrians, we all have a responsibility to not harm others with our own actions when using the roads in Arizona.
Securing the compensation you deserve in a negligence case
Throughout your case, your legal professional will be putting together a case to cover the compensation you deserve for ongoing suffering after the accident. It isn’t as straight forward as simply being rewarded compensation for the damage done to your vehicle, or even to cover your medical costs, as your attorney will explain. A negligence case considers many other aspects that should be compensated for including any ongoing medical bills, property damage, and even missed workdays as a direct result of your accident
We’ve put together another guide to what it means to be negligent in Arizona that focuses on the law and what the state considers as a negligence case, which you can find here. Understanding your rights in your case and even why your attorney chose to file a case of negligence will really help you digest and keep up with your case.
If you’re thinking about filing a negligence case for your accident in the state of Arizona, give our team a call today on (480) 634-7480 to find out how they could help you. Having a local lawyer defend you could really help with your case and our team are always happy to discuss your case.