In Arizona, if a driver pulls out in front of you, they are typically considered at fault for violating your right-of-way. This is based on the legal requirement for a vehicle entering a roadway to yield to approaching traffic. You had the green light, the clear path, the legal right to proceed, and suddenly, another vehicle is in your path.
However, the situation is rarely that simple. The other driver’s insurance company will investigate whether you shared any responsibility, potentially looking for things like excessive speed or a moment of distraction on your part. Their goal is to find any reason to shift a portion of the blame onto you.
This could lead to a bewildering situation where you are injured, your car is damaged, and you are facing a pile of medical bills, yet the insurance company is trying to assign you a percentage of the blame to reduce the amount they have to pay. The clear-cut nature of the event begins to blur under the insurance company's scrutiny.
Figuring out how Arizona’s complex fault laws apply to your specific crash shouldn't be your burden while you're recovering. Our role at Gallagher & Kennedy, as your trusted personal injury lawyer in Phoenix, Arizona, is to manage these details so you can focus on your health. If you’ve been in this type of accident, call us for a free consultation at (602) 530-8400.
Contact us for a free consultation
The First Question: Who Had the Right-of-Way?
The immediate aftermath of a crash is a mix of adrenaline and confusion. But once the dust settles, the legal analysis begins with a single, foundational question: who had the legal right to be where they were?
The General Rule
Arizona law is clear: a driver entering a street from a private drive, alley, or side road must yield to traffic already on that street. This principle forms the basis of why the other driver is usually presumed to be at fault. You were established in your lane, and they had a legal obligation to wait until it was safe to proceed.
The Legal Foundation - "Failure to Yield"
Arizona Revised Statutes § 28-774 explicitly states that a driver about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all approaching vehicles. This statute establishes a clear duty of care for the driver who is entering the flow of traffic. Their failure to uphold that duty is the starting point for establishing their liability.
When It Becomes Complicated
The other driver's duty to yield does not erase your own duty to operate your vehicle safely. This is where the arguments over fault begin. The other party's insurance adjuster will not simply accept their driver's fault. Instead, they will begin to look for ways to argue that you, too, bear some responsibility for what happened.
Arizona’s System of "Pure Comparative Fault": What It Means for You
A System of Percentages
Arizona law operates on a principle called pure comparative fault, which is outlined in A.R.S. § 12-2505. In simple terms, this means responsibility for an accident can be divided by percentage among all involved parties. It moves away from an all-or-nothing approach to fault.
An Analogy
Think of it like a pie chart. After an accident, a jury or insurance company assigns a slice of the fault pie to each driver involved based on the evidence. If you are found to be 10% at fault for the collision, your final compensation award is reduced by that same percentage—10%. If your total damages were $100,000, you would be able to recover $90,000.
Why This Matters
Unlike some states that bar you from recovering money if you are 50% or more at fault, Arizona's "pure" system allows you to recover damages even if you are found to be 99% at fault. In that scenario, you could still recover 1% of your damages.
Dealing with the Insurance Companies
Insurance adjusters frequently sound friendly and pleasant, and as individuals, the majority of them indeed are. But it’s important to remember what their professional duties are. They must balance paying out claims fairly with protecting their company’s financial interests. They will only pay out claims backed with solid evidence, and may look for reasons to shift blame onto you.
The Speed Argument
The most common defense is claiming you were speeding. They may lean on A.R.S. § 28-701, which requires all drivers to drive at a speed that is "reasonable and prudent" under the conditions. The adjuster in these cases argues that their insured driver looked, saw you coming, and thought they had enough time to pull out. They will contend that if you had been driving at the speed limit, you would have had enough time and distance to slow down or stop to avoid the collision. Therefore, they conclude, your speed was a contributing factor.
The Distraction Argument
Were you on your phone, even on a hands-free device? Were you adjusting the radio or GPS? Talking to a passenger? They will look for any sign that your attention was not fully on the road in the seconds before the impact. If they can establish any level of distraction, they will argue that a fully attentive driver would have seen their insured driver sooner and reacted more quickly, potentially avoiding the crash entirely.
The Recorded Statement
Within days of the accident, an adjuster from the other driver's insurance company will likely call you. They will be friendly, express sympathy for what you're going through, and ask if you'd be willing to provide a recorded statement to help them understand what happened. Keep in mind that anything you say can and will be used against you. They might ask:
- "Were you in a hurry to get somewhere?"
- "When did you first see the other car?"
- "Did you have time to brake or swerve?"
An innocent answer like, "I only saw them at the last second," can be reasonably interpreted into an admission that you weren't paying proper attention.
What We Do: At Gallagher & Kennedy, we handle all communications with insurance companies on your behalf. You will never have to give a recorded statement to the other party's insurer. This protects you from their tactics and ensures that your words cannot be used to undermine your claim.
Building the Factual Narrative of Your Accident
The Police Report
A police report is a starting point. It contains the officer's initial observations, party and witness information, and often a preliminary determination of fault. However, it's important to view it as only a rough draft of the truth.
Officers arrive after the fact and must piece together what happened from conflicting stories and chaotic scenes. A report may contain factual errors or be based on incomplete information. We obtain the official report and immediately begin the work of verifying its details and, if necessary, correcting the record.
Witness Statements
Independent witnesses who have no stake in the outcome are incredibly powerful. They can confirm that your light was green or that the other driver failed to stop before pulling out. But witness memories are like ice cubes melting in the sun; they quickly fade and change over time. We must act fast to contact these witnesses, get their account of what they saw, and secure a formal statement before their memory becomes less reliable.
Scene and Vehicle Evidence
The physical evidence often tells a story that cannot be disputed. We may send investigators to photograph the crash scene, looking for:
- Skid marks: Their length and direction can help calculate your speed and braking distance.
- Debris fields: The location of shattered glass and plastic can pinpoint the area of impact.
- Sightline obstructions: Were there bushes or signs that blocked the other driver's view?
The damage to the vehicles themselves also provides information about the angle and force of the impact, which accident reconstruction professionals can analyze.
Digital Footprints
In today's world, crashes are sometimes captured on camera. We secure evidence from dash cameras, surveillance systems from nearby businesses, and city-operated traffic cameras that may have recorded the entire event.
How a Personal Injury Attorney Establishes the True Value of Your Claim
An insurance company may make a quick settlement offer that seems reasonable at first. But the initial offer almost always does not account for the full extent of your injuries and financial losses.
Looking Beyond the Initial Bills
Your claim isn't just about the emergency room visit or the initial car repair estimate. A comprehensive claim accounts for every way this accident has impacted your life and will continue to impact it in the future. This includes:
- Future Medical Needs: Will you need surgery down the road? A course of physical therapy? Long-term pain management or medication? A quick settlement doesn't account for the pain that flares up on cold mornings months later. We consult with your doctors and other medical professionals to understand and project these future costs.
- Lost Income and Earning Capacity: The accident may affect your ability to work, not just now but potentially for years. You may lose out on promotions or have to switch to a lower-paying job. We work with financial professionals to calculate the full scope of these losses.
- Pain and Suffering: The physical pain, the emotional distress, and the disruption to your daily life have real value under Arizona law. This is the human cost of the accident. We build the case to demonstrate this cost, showing how the injury has rewritten aspects of your life.
Common Questions After a Failure-to-Yield Accident
What if I was going a few miles over the speed limit? Can I still have a case?
Yes. This is a perfect example of how Arizona's pure comparative fault rule works. Even if you were partially at fault for speeding, you can still recover damages for your injuries.
The other driver apologized at the scene. Is that enough to prove they were at fault?
While an apology is helpful evidence, it is not legally binding proof of fault. The other driver or their insurance company can, and often will, change their story later. They may claim they were just being polite or that they were in shock and didn't know what they were saying. This is precisely why objective evidence, like witness statements and crash scene data, is so important.
How long do I have to file a car accident claim in Arizona?
In most cases, Arizona law gives you two years from the date of the accident to file a lawsuit. This is known as the statute of limitations. However, if a government entity is involved (for example, if a city bus or a state-owned vehicle pulled out in front of you), the deadline is much shorter. You have just 180 days to file a formal Notice of Claim with the correct government body. Missing this deadline can prevent you from ever recovering compensation.
Should I use my own health insurance to pay my medical bills?
Yes, you should absolutely submit your medical bills to your own health insurance provider right away. This keeps your bills from going to collections and protects your credit while your personal injury claim is pending. We can help coordinate these benefits and will handle any repayment obligations (known as subrogation) that your health insurer may have from the final settlement or verdict.
Let Us Handle the Details, You Focus on Healing
We will manage the investigation and the negotiations so you can dedicate your energy to what matters most: your recovery.
Start with a free, no-obligation conversation about your accident. Let us help you understand your rights and your options. Call Gallagher & Kennedy today at (602) 530-8400.