ARS 28-661: 6 Legal Steps to Take After a Car Accident in Arizona
When involved in a car accident in Arizona, it’s crucial to know the legal steps to protect your rights and ensure proper procedures are followed. Arizona’s legal landscape can be complex, but understanding key statutes, including ARS 28-661, can help you navigate the aftermath of an accident more effectively. This blog provides a comprehensive guide for anyone who finds themselves in such unfortunate circumstances.
1. Immediate Actions Post-Accident
a. Safety First
Before diving into legal matters, prioritize safety. Ensure you and any passengers are safe and check on the wellbeing of others involved. If necessary, move to a safer location away from traffic.
b. Call the Authorities
Arizona law mandates that you report any accident involving injury, death, or significant vehicle damage to the police. The responding officers will fill out an accident report, which is crucial for legal and insurance purposes.
c. Gather Information
Collect names, contact information, insurance details, and vehicle information from all parties involved in the accident. Additionally, it’s helpful to take photos of the scene, including all vehicles involved, any visible damage, and road conditions.
2. Understanding ARS 28-661
ARS 28-661 is specific to accidents causing injury or death. This statute requires drivers involved in such accidents to give reasonable assistance to those injured. This could include arranging transportation to a hospital if it seems necessary or requested by the injured party.
a. Legal Requirements Under ARS 28-661
Besides providing assistance, drivers are required to:
- Exchange personal and insurance information.
- Remain at the scene until law enforcement arrives.
- Comply with law enforcement during their investigation.
Failure to meet these requirements can result in serious penalties, including charges of hit-and-run, which may carry severe consequences including fines and imprisonment.
3. Reporting to Insurance Companies
Notify your insurance company about the accident as soon as possible. Arizona follows a fault-based (tort) system, meaning the person responsible for the accident is liable for the damages. Your insurance company will need all pertinent details of the accident to assess any claims made by you or against you.
4. Medical Attention and Documentation
Even if you feel fine, it’s wise to seek medical attention immediately after an accident. Some injuries, like whiplash, don’t show symptoms immediately. Medical records will serve as important documentation if you pursue legal action or a claim for damages.
5. Understanding Comparative Negligence
Arizona operates under a comparative negligence model, meaning that if you are partly at fault in an accident, your compensation might be reduced by your percentage of fault. Accurate and thorough documentation of the accident is critical to determining fault accurately.
6. Legal Representation
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries, property damage, and insurance claims. Consulting with a knowledgeable attorney can help protect your rights and ensure you take all appropriate legal steps.
Conclusion
If you’ve been involved in a car accident in Arizona, understanding your legal obligations and rights under ARS 28-661 and related statutes is crucial. Immediate steps include ensuring safety, reporting the accident, collecting evidence, and seeking medical attention. At Tamou Law Group PLLC, we practice in providing legal assistance to those affected by car accidents. Our team understands the intricacies of Arizona traffic laws and is here to help you every step of the way. For a consultation, please contact us at 623-321-4699. Our experienced attorneys are ready to help you secure the compensation and justice you deserve.
