What to Do When You’re Rear-Ended in Phoenix?

The Arizona Department of Transportation’s motor vehicle accident data shows that rear-end collisions are the most common type of crash in the state, and it’s not even close. Arizona’s rate of rear-end accidents accounts for nearly 50% of car accidents in the Grand Canyon state, compared to a rate of 29% nationally, according to the National Highway and Traffic Safety Administration. 

Considering how frequently these types of accidents happen, you might think the process of handling a rear-end collision would be straightforward. Unfortunately, that’s rarely the case.

Hiring an attorney who specializes in Arizona car accident laws is the best way to resolve your situation. Still, there are a few things you’ll need to take care of first at the accident scene and immediately after the crash. Learn exactly what to do when you get rear-ended in Phoenix and how to handle a potential claim below.

Immediate Steps to Take After a Rear-End Accident

Immediately after a rear-end crash, you need to pause and evaluate your situation. If you’re able to stay where you are without much of a traffic issue, then that’s preferable, but it’s okay to move to the shoulder or a safe lane if you need to do so. Otherwise, check yourself and any passengers for injuries.

Next, check on the other driver and take a look at your vehicle for any signs of damage. If anyone is hurt, then your next step should be to call 911. If no one is hurt or presently in danger, you can call the Arizona Department of Public Safety non-emergency number at (602) 223‐2000 to report the accident. 

This step is critical because the authorities will come out to the scene and file an official accident report. The report will show what happened, who was involved, and any primary investigative information determined at the crash site.

Your next step should be to get medical care for any injuries you sustained. Keep a copy of any diagnosis or medical bill you receive during the process.

In the case of a minor accident that occured on a state highway, where no injuries were sustained, where the total estimated damage is less than $2,000, and which involved no more than two vehicles, you can file a Citizen’s Report of a Collision via the Arizona Department of Public Safety’s website.

How to File a Claim for a Rear-End Accident in Arizona

Are your losses really starting to add up? Arizona rear-end collision laws state that driver negligence will result in legal liability. In other words, the at-fault party will have to pay for any losses that result from an accident.

For example, P.M., a 68-year-old woman, was involved in a rear-end collision in Mesa. Despite incurring over $21,000 in medical expenses, the at-fault driver’s insurance initially offered an unsatisfactory settlement. With legal representation, P.M. successfully secured $35,000 in compensation after litigation.

To file a claim, you’ll need to first get the required medical care, analyze the extent of your losses, and consider hiring an attorney. From there, you’ll estimate the value of your losses and officially file your claim. The other party or their insurance company will reach out to begin negotiations.

How to Calculate Your Rear-End Accident Payout

Your next step will be determining how much car accident compensation you’re actually entitled to receive in a claim. In general, you’ll be able to pursue compensation that’s equal to the actual value of your losses. These losses include economic and non-economic losses.

Consider P.M., who incurred $21,305.89 in medical expenses after a rear-end collision. Her total settlement of $35,000 included compensation for her medical costs, pain and suffering, and additional damages from her underinsured motorist policy.

In some rare situations when the other party’s recklessness was extreme, you may be able to pursue additional compensation in the form of punitive damages.

Economic Damages

After a rear vehicle impact, you’re likely to experience economic damages. These types of damages are financial in nature, and they are easy to prove with the right documentation. For instance, you can prove the value of your property damage with repair estimates. You can also prove the extent of your medical diagnosis, like whiplash injuries or spinal injuries, with official medical diagnosis papers and medical bills. You can also prove how much money you’re losing by not being able to go to work by producing previous paychecks or a letter from your employer.

Non-Economic Damages

Your rear-end accident payout in Arizona should also include any non-economic damages you suffered, like emotional distress or pain and suffering. These types of losses are more subjective and difficult to prove, so you’ll likely need an attorney’s help valuing your losses.

How Arizona Law Handles Rear-End Accidents and Liability

Under Arizona Revised Statutes 28-701, drivers are expected to maintain a reasonable speed and safe following distance from other drivers when on the road. If one driver violates that statute and causes a crash, they’ll be considered at fault and financially responsible for the incident.

Determining fault in some types of crashes, like tailgating accidents or distracted driving accidents, is fairly easy, but in other cases, such as a multi-vehicle pileup, it’s not so straightforward. Sometimes, the leading car can be at fault for a rear-end accident, especially when it did not give the following car enough time to slow down, stop, or change lanes. Some drivers attempt to “brake check”, or stop suddenly to force leading cars to stop, in fits of road rage. These drivers would be considered at fault for the accident.

Courts follow pure comparative negligence in Arizona, meaning that a person can still seek compensation after an accident even if they are partially at fault. That said, you might still be able to seek some compensation if you contributed to your rear-end accident, but that compensation will be limited based on your percentage of perceived fault in the crash.

Why You Should Consult a Phoenix Car Accident Lawyer

Filing a claim for compensation after a rear-end crash is complex. The other party, or the other party’s insurance provider, is very likely to fight back against your estimated losses. They’ll try to minimize the impact of your injury and might even try to blame you for contributing to the accident to avoid paying you what you deserve.

P.M.’s case demonstrates the value of hiring an experienced attorney. Initially offered an inadequate settlement, her legal team helped her secure $35,000 by negotiating with the at-fault driver’s insurance and leveraging her underinsured motorist policy.

The best way to ensure your rights are upheld and respected is to hire experienced Phoenix personal injury lawyers to represent you throughout the process. The right lawyer will make sure you compile the strongest possible case with solid evidence before you present it to the other party. This front-loaded effort will help reduce opposition from the other party and will help speed up the process for you.

Contact Kermani LLP Now for a Free Consultation

Kermani LLP was established in 2011 with the primary goal of becoming the very best courtroom advocates for individuals suffering from personal injuries throughout Arizona. Our secondary mission is to master the personal injury space in our region by providing a simple, accessible solution for individuals most in need.

Suppose you’re currently searching for a rear-end accident lawyer in Phoenix or a surrounding area. In that case, we’re prepared to help you navigate your situation and advocate for the maximum possible settlement award.

Leave your contact details on our online form or call us at (855) 537-6264 to learn more about how we can help.