Tucson Distracted Driving Accident Lawyer

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Tucson Distracted Driving Accident Attorney

Tucson Distracted Driving Accident Lawyer

Motor vehicle crashes are the leading cause of accidental bodily injuries and fatalities in the country each year. In every state, distracted driving is the top-reported cause of motor vehicle accidents.

Whenever a driver fails to pay attention to what they are doing while driving, they put themselves and everyone around them at grave risk. If a driver causes an accident in this manner, they face liability for all resulting damages they inflict on others.

Helping Tucson, AZ, Clients Recover From Distracted Driving Accidents

If you or a family member recently experienced an auto accident caused by a distracted driver in the Tucson area, it is vital to know Arizona’s laws for resolving the accident and how to secure the recompense you need to recover.

The right Tucson distracted driver accident attorney is the optimal resource to consult when it comes to determining your most viable recovery options. At Bleaman Law Firm, PC, we can handle the toughest personal injury cases, helping our clients prove fault for their damages and maximize their recovery.

Time is a critical concern for anyone who intends to file any type of civil suit for damages. Arizona imposes a two-year statute of limitations on these cases, and if you intend to file a claim against another driver’s auto insurance, you have an even shorter time limit in which to do so.

Therefore, the sooner you connect with a Tucson distracted driver accident attorney, the more likely you are to successfully obtain compensation for your damages.

How to Prove Liability for a Distracted Driver Accident in Tucson

The average person may wonder how to prove that the driver who hit them was distracted while driving. It might seem impossible to prove that the at-fault driver wasn’t paying attention, but a seasoned attorney will know how to gather the evidence their client needs to firmly establish liability for their damages.

Proving fault for a distracted driving accident is likely to require the at-fault driver’s cell phone records. Of all the possible types of distracted driving reported, texting while driving consistently ranks as the most common. Therefore, your attorney can secure the other driver’s cell phone records to prove they were using their phone the moment your accident happened.

Traffic camera recordings may also come into play if any nearby cameras captured your accident as it happened. For example, camera footage may show the at-fault driver wasn’t paying attention when they caused your accident. Similarly, witness testimony may also factor into your case, and your attorney can help obtain sworn statements from anyone who saw how your accident happened firsthand.

Filing Your Auto Insurance Claim for a Distracted Driver Accident

Arizona law requires every driver to have auto insurance, and Arizona follows the fault rule when it comes to resolving the aftermath of an accident. This means the driver at fault for the accident assumes liability for the resulting damages, and their auto insurance must pay for the damages they cause. Therefore, at a minimum, a personal auto insurance policy must provide:

  • $25,000 or more in liability coverage for bodily injury for one person.
  • $50,000 or more in liability coverage for bodily injury for more than one person.
  • $15,000 or more in property damage liability coverage.

If the at-fault driver’s insurance includes enough coverage to fully compensate your losses, you will only need to concern yourself with the insurance claim process to recover. However, if the liable driver has no insurance, you will need to file a claim for your personal injuries to recover your losses.

Alternatively, if you have purchased uninsured motorist coverage with your own auto insurance policy, you can file a claim with your own insurer without incurring penalties. However, this may still be unable to fully compensate your losses, and you will need to file a personal injury claim.

Your Tucson distracted driver accident attorney can be invaluable for the insurance claim filing process. An insurance company representative is more likely to handle your claim efficiently and in good faith when they notice that you have legal representation.

In addition, your legal team can resolve any problems that arise with your claim and help maximize the recompense you obtain from your insurance claim settlement.

Compensation You Can Claim in a Personal Injury Action in Tucson

A distracted driving accident has the potential to cause damages that eclipse the scope of the insurance coverage the at-fault driver has, in which case you will need to file an Arizona injury claim against them to secure compensation for the rest of your damages.

Under Arizona’s personal injury statutes, the driver responsible for your accident must repay the scope of the losses they inflicted. Additionally, you can hold them accountable for non-economic damages as well.

Your Tucson distracted driver accident attorney can potentially help secure compensation for:

  • Medical expenses. The defendant is responsible for all medical care you need to fully recover from your damages. While their insurance may cover some of your medical expenses, any remainder can be included as economic damages in your civil suit. You can hold the defendant accountable for immediate and future medical treatment costs you incur for the injuries they caused.
  • Lost income. If you are too injured to work after your accident, the defendant is also liable for the income you cannot earn during your recovery. This applies to vacation time or paid time off you needed to use in the aftermath of the accident.
  • Lost earning power. If you are permanently disabled from your accident, the distracted driver who caused the collision is responsible for the future income you are no longer able to earn. Your Tucson distracted driver accident attorney can help evaluate how much income you could have reasonably expected to earn in the future if they had not injured you and add this amount to your claim.
  • Property damage. If your vehicle repair costs and other property losses exceed the at-fault driver’s property liability coverage in their auto insurance policy, you can add the remainder to your claim as economic damages.

You might be surprised to discover you have the right to claim more compensation than you initially expected when you have the right attorney to handle your case. However, your recovery doesn’t stop with your economic losses. Arizona law allows you to claim pain and suffering compensation as well, and there is no limit to how much you can include in your claim.

Your Tucson distracted driver accident attorney can help assess the scope of the effects your accident has had and determine a suitable amount of pain and suffering compensation to seek from the defendant. If they caused significant long-term or permanent damages, your pain and suffering compensation could amount to several times the total of your economic damages.

One variable that might diminish your final case award is shared fault. Arizona enforces the pure comparative negligence rule, which comes into play in any civil case in which more than one party shares fault for the damages in question.

For example, if you were hit by a distracted driver but you were slightly speeding when the accident happened, the judge handling your case may deem you partially responsible for the damages you suffered.

They will assign you a percentage of fault to reflect your level of responsibility for causing your damages, and this percentage is deducted as a penalty from your case award. Therefore, bearing 10% fault in a $500,000 claim would mean losing $50,000 of the case award.

What to Expect From Your Tucson Distracted Driver Accident Attorney

Every injured driver who decides to pursue a civil claim in response to their accident will face unique challenges as they attempt to hold other drivers accountable for the damages they have caused.

When you hire Bleaman Law Firm, PC, to represent you, we can handle your legal proceedings for you so you can focus on your recovery. Our team has helped many past clients recover from complex personal injuries, and we understand how to maximize your recovery.

It is understandable to be concerned about the potential cost of legal representation when you need to hire an attorney to help you recover from a distracted driver accident. Our team uses contingency fee billing, so you will not pay anything until your case is won.

You will only pay an attorney’s fee after we win the case, and you owe nothing if we cannot secure compensation for any reason. Your contingency fee will be a percentage of the total amount recovered, and you will keep the rest.

The sooner you secure trustworthy legal counsel to help you recover from your distracted driver accident, the more likely you are to obtain maximum compensation under Arizona law.

The team at Bleaman Law Firm, PC, has the professional experience, resources, and skill necessary to handle the most complex personal injury cases and maximize our clients’ recoveries.

Contact us today and schedule your consultation with a Tucson distracted driver accident attorney to learn more about the legal services we can provide in this challenging situation.


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