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In Arizona, determining fault in a head-on collision, as in other types of accidents, is governed by the state’s comparative fault system. Under this system, each party involved in the accident is liable only for their proportionate share of fault. This means that the fault is assessed based on the relative degree of negligence of each party involved in the collision. Bowen Prods. v. French, 231 Ariz. 424, Roaf v. Stephen S. Rebuck Consulting, LLC, 550 P.3d 173, Zuern by & Through Zuern v. Ford Motor Co., 188 Ariz. 486.
With head-on collision accidents, fault will be based on who was “negligent.” Negligence means the failure to exercise the degree of care that a reasonably prudent or careful person would exercise under similar circumstances. And keep in mind that more than one party can be negligent in any auto accident.
If you’re dealing with the insurance company, they will determine who is at fault by the evidence is gathered through their investigation. This includes statements from the parties involved, crash report, photos/videos, and witness statements.
If the case goes to trial, the trier of fact, which could be a judge or jury, is responsible for determining the percentage of fault attributable to each party. This includes considering the fault of all persons who contributed to the injury, regardless of whether they are named as parties in the lawsuit.12-2506. Joint and several liability abolished; exception; apportionment of degrees of fault; definitions.
For instance, if one driver is found to be 70% at fault and the other driver 30% at fault, each will be responsible for their respective percentages of the damages. Bowen Prods. v. French, 231 Ariz. 424, Hutcherson v. City of Phoenix, 188 Ariz. 183.
Additionally, Arizona law allows for the consideration of nonparties’ fault if proper notice is given before trial, which can further influence the apportionment of fault among the involved parties. Cramer v. Starr, 240 Ariz. 4. This comparative fault approach ensures that each party is only responsible for their fair share of the damages, rather than being jointly and severally liable for the entire amount.
Contact Our Experienced Arizona Car Accident Lawyers to Handle Your Head-On Collision Case
Call us today for a FREE consultation regarding your Arizona head-on collision case. Our Arizona car accident lawyers can help you present the best case possible to the insurance company. Call (855) 545-1777 to speak to our Arizona car accident injury attorneys directly.
