How Arizona’s Personal Injury Law Handles Cases of Distracted Driving

Distracted driving has become one of the leading causes of automobile accidents in Arizona, leading to a significant number of personal injury claims. Under Arizona law, personal injury cases resulting from distracted driving are taken very seriously due to the potentially devastating consequences of such behavior.

In Arizona, distracted driving encompasses various activities that divert attention from the road. This includes texting, talking on the phone, eating, or adjusting the radio. Arizona Revised Statutes (ARS) § 28-693 specifically addresses the issue of distracted driving, emphasizing the importance of staying focused while operating a vehicle to minimize the risk of accidents.

Legal Grounds for Personal Injury Claims

If you or a loved one has been injured in a car accident due to a distracted driver, Arizona’s personal injury law allows you to file a claim for damages. To successfully prove your case, you need to demonstrate the following elements:

Negligence: You must establish that the distracted driver acted negligently. This involves showing that the driver had a duty to drive safely, breached that duty by being distracted, and caused your injuries as a direct result.
Proof of Distracted Driving: Evidence is crucial in distracted driving cases. This can include phone records, eyewitness accounts, and police reports that indicate the driver was not fully attentive to the road.
Injury and Damages: You need to provide evidence of your injuries and how they have impacted your life. This may include medical records, bills, lost wages, and other evidence demonstrating the extent of your damages.

Comparative Negligence in Arizona

Arizona follows a comparative negligence system, which means that if both parties are found to share some fault, the damages awarded may be reduced accordingly. For instance, if the injured party is found to be 20% at fault for the accident, their compensation will be reduced by that percentage. Understanding this concept is vital when pursuing a personal injury claim related to distracted driving.

Steps to Take Following a Distracted Driving Accident

After an accident involving distracted driving, it's essential to take certain steps to protect your legal rights:

Seek Medical Attention: Your health and safety should be your top priority. Even if injuries seem minor, it’s wise to get checked by a medical professional.
Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect witness statements and obtain a copy of the police report.
Consult a Personal Injury Lawyer: Having legal representation can significantly impact the outcome of your case. An experienced personal injury attorney can navigate the complexities of Arizona's laws and help you build a strong case.
File Your Claim Promptly: Arizona has a statute of limitations that generally allows two years from the date of the accident to file a personal injury claim. Timely action is crucial to ensure your rights are protected.

Conclusion

Understanding how Arizona’s personal injury law addresses cases of distracted driving is essential for anyone involved in such an unfortunate event. By demonstrating negligence and having strong evidence, victims can pursue compensation for their injuries and losses. If you've been affected by a distracted driving incident, it's vital to seek legal advice promptly to ensure you have the best chance for a successful outcome.