ARS 28-661: 6 Legal Steps to Take After a Car Accident in Arizona
What you do in the minutes after a crash can affect both your insurance claim and any citations that follow — here’s what A.R.S. 28-661 requires, step by step.
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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 FirstBefore 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 AuthoritiesArizona 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 InformationCollect 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 28-661Besides 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.
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Frequently Asked Questions
What does ARS 28-661 require after a car accident in Arizona?
ARS 28-661 requires every driver involved in an Arizona accident causing injury or death to stop immediately, remain at the scene, and fulfill the duties to exchange information and give reasonable aid to anyone hurt. Violating the statute is charged as felony hit-and-run, ranging from a class 5 to a class 2 felony.
Is leaving the scene of an accident a felony in Arizona?
Yes, leaving the scene of an accident involving injury or death is a felony in Arizona under ARS 28-661, with penalties that can include prison time and license revocation. If the crash involved only vehicle damage, leaving the scene is a misdemeanor under ARS 28-662.
Do you have to call the police after a car accident in Arizona?
Yes, Arizona law requires drivers to notify police immediately after any accident that causes injury or death, and to remain at the scene until officers complete their duties. The resulting police report becomes critical evidence for insurance claims and any later injury lawsuit or criminal defense.
How long do you have to file a car accident lawsuit in Arizona?
You generally have two years from the date of the accident to file a car accident lawsuit in Arizona under ARS 12-542. Missing that deadline usually bars your claim entirely, and cases against government entities require a notice of claim within just 180 days.
Can you still recover damages if you were partly at fault in an Arizona accident?
Yes, Arizona’s pure comparative negligence rule under ARS 12-2505 lets you recover damages even if you were partly at fault, with your compensation reduced by your percentage of blame. Careful documentation of the crash scene helps keep the fault assigned to you as low as possible.
What information are drivers required to exchange after an accident in Arizona?
Under ARS 28-663, drivers must give their name, address, and vehicle registration number, show a driver’s license on request, and render reasonable aid to anyone injured, including arranging medical transport. Skipping these duties can bring criminal charges even if you stopped at the scene.
Does Arizona follow a no-fault system for car accidents?
No, Arizona is an at-fault or tort state, meaning the driver who caused the accident is financially responsible for the resulting injuries and property damage through their insurer. Because liability follows fault, evidence like photos, witness information, and the police report directly affects your compensation.
How much does a car accident lawyer cost in Arizona?
Most Arizona car accident lawyers work on a contingency fee, typically 33 to 40 percent of your recovery, meaning you pay nothing upfront and no fee unless you win. Tamou Law Group offers free consultations for Phoenix and Scottsdale accident cases. Call 623-321-4699, 24/7.
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