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Arizona Car Accident Laws 2024: Guide to Statutes of Limitations, Comparative Negligence, Insurance, & More

Understanding Arizona’s Car Accident Laws Like Statutes of Limitations

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Book a Free Consultation to Get Guidance from a Top Personal Injury Attorney in Arizona Today

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

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Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

Table of Contents

Whether you’re a Grand Canyon State resident or an out-of-state visitor, knowing how to navigate the complex motor accident laws of Arizona can feel overwhelming; especially if you were injured or damaged your vehicle in a car or motorcycle accident. 

In the wake of an automotive collision, you’re probably wondering what policies AZ has in regard to suing for financial compensation to pay for medical or vehicular expenses. 

Don’t spend your time sifting through convoluted legislative documents to understand your situation. As an experienced Phoenix motor accident attorney, I did that for you. Here is every notable AZ motor accident law you need to know about. 

(P.S. If you were just in a motor accident in the past few minutes, you should contact the police by calling 911. For more specific details on who to contact after an accident, scroll beyond the next section to the FAQs)

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

Name(Required)
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Provide the date or as close to a date as possible to the incident/accident that caused the injury.
MM slash DD slash YYYY
Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

Arizona Car Accident Laws to Know

If you were involved in a car accident, you need to understand the key auto laws in Arizona (especially if you believe another driver was at fault and you’re owed compensation). 

Here are Arizona-specific policies that dictate who was at fault in your car accident and how all parties involved need to proceed:

Who is Considered at Fault in Arizona Car Accidents?

Arizona has a “fault based system” like most states for car accidents, meaning that if a person was injured or their car was damaged, they are entitled to take legal action against the insurance company or the driver that is at fault.

Common reasons a driver may be found at fault in Arizona include 

  • texting and driving
  • speeding
  • drunk/impaired driving (including alcohol, marijuana, opiate, prescription pill consumption, etc.) 
  • not securing cargo 
  • driving with non-functional headlights, mirrors, and/or brake-lights  
  • not using turn signals 
  • not abiding by traffic signs/signals like stop signs, red lights, yield signs, illegal right on red, etc.  

What Happens if an Accident is Caused by a Car Malfunctioning

If the at-fault driver claims the car accident happened as a result of a malfunction like a brake failure, the lawyer filing the lawsuit for the not at-fault drive will still oftentimes process with still file the claim against the at-fault driver. Proving mechanical challenges with a car can be costly and oftentimes outweigh the amount an at-fault driver will owe. 

In an instance where the at-fault driver can prove a malfunction, the lawsuit’s focus may shift to a product liability claim against the manufacturer of the vehicle. However, this is difficult and expensive to accomplish, as it is can be challenging to dictate whether the claim is accurate or a means to evade responsibility.

What Makes an At-Fault Driver Negligent

As explained by the American Bar, at-fault drivers are negligent if they fail, “to use reasonable care and as a result of that failure injure you, then the driver is responsible (liable) to you for those injuries.” 

If you believe that another driver’s negligence resulted in injuries or damaged your vehicle/property, work with an Arizona car accident attorney to take legal action against the other driver’s insurance company for negligence.

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

Name(Required)
Email(Required)
Provide the date or as close to a date as possible to the incident/accident that caused the injury.
MM slash DD slash YYYY
Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

How AZ Car Accident Attorneys Prove Negligence

A personal injury attorney will assist you in proving the negligence of the other driver in the following ways:

  • proving that the individual that caused the accident owed the accident victim a duty of care
  • providing proof that highlights how the at-fault party failed to provide duty of care to the victim 
  • highlighting how the car accident has resulted in financial losses for the not-at-fault party

Can At-Fault Drivers Seek Physical Injury Damages? Understanding Arizona’s Comparative Negligence Laws

Arizona has comparative negligence laws allowing everyone, including partially at-fault drivers, to pursue legal action for damages and financial compensation related to personal injuries. 

Arizona Revised Statutes (ARS) Section 12-2505 have the following policy pertaining to comparative negligence, “The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.”

In layman’s terms, this Arizona car accident policy will reduce the financial compensation you’re entitled to depending on the amount of fault the driver at hand has. 

If you believe you were partially at-fault but still had personal injuries, don’t wait to work with an AZ accident attorney to build your case and earn you a payout from the insurance company.

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

Name(Required)
Email(Required)
Provide the date or as close to a date as possible to the incident/accident that caused the injury.
MM slash DD slash YYYY
Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

What Financial Losses Can You Pursue for Car Accidents in Arizona?

AZ motor accident attorneys can help you to seek justice for:

  • Medical Expenses

If you had injuries that resulted in a need for medical care for physical appearance altering injuries or internal injuries, you’re entitled to seek damages for the cost of immediate and ongoing medical care. 

  • Ongoing to Permanent Disabilities 

Those that were disabled as a result of another driver in Arizona can seek legal damages. 

  • Damage to Your Vehicle 

If your car was damaged as a result of another driver, you’re entitled to compensation to repair or replace your vehicle. Since Arizona is an at-fault state, this applies for in-state residents and visitors from other states. 

  • Pain and Suffering


Pain as a result of car accidents can be excruciating physically and mentally. If you’re in ongoing pain and/or mental health challenges as a result of a car accident, Arizona attorneys can sue the other driver’s insurance provider for you.

  • Loss of Income

If you’re unable to work as a result of the accident, the plaintiff is responsible for lost wages. 

  • Rehabilitation

Seeking physical therapy, surgery, etc. for physical injuries and therapy for mental health struggles is a must for your recovery. The at-fault party is legally obligated to cover your rehabilitation after a vehicle accident. 

  • Fatalities

You can pursue legal action if your loved one passed away at the fault of another driver or third-party up to two years after the date they passed away (with exceptions – could be after two years in some circumstances.)

How Much Can Victims Make For Property Damage or Personal Injury in AZ Car Accidents?

The circumstances of how much you’re entitled to earn is completely dependent on the damages inflicted as a result of a car accident. 

Many Arizona car accident lawsuits result in multi-million dollar payouts, even in the form settlements before the case makes it to court. 

If you were partially at fault, the amount you’re entitled to earn as a result of personal injury is dependent on the amount of fault the court determines you had (more fault = less payout.)

What are Arizona Car Insurance Coverage Requirements

Arizona state law requires that the operators of motor vehicles must maintain $25,000 to $50,000 for damages to the body as a result of an accident and $15,000 to cover property damage.

What to Do if Another Driver Has No Insurance in an AZ Car Accident

Over 10% of drivers in Arizona are reported to not have car insurance. That means you’ll need to follow these steps if the other driver claims they don’t have insurance:

  • Make sure they’re actually not insured. 

Sometimes, they’ll lie about being insured or genuinely not know that they’re covered. Be sure to record the driver’s license plate, as your insurance company should be able to confirm whether or not they have insurance. 

  • If relevant, file a UIM claim 

If you opted for uninsured or underinsured motorist (UIM) insurance, this is the time it applies and you can get a payout from your provider if the other driver was at-fault.

Does Arizona Have Statutes of Limitations for Suing for Damages as a Result of a Motor Accident?

Yes, Arizona policy  ARS 12-542 gives those involved in a car accident up to two years to pursue legal action in the wake of the accident date or an injury discovery. 

That means you have up to two years to sue right after an accident, or an extended time period if you discover a major injury after the fact. 

The exact circumstances around these statutes of limitations vary, so you’ll want to work with an Arizona motor accident attorney to confirm you’re eligible to pursue compensation for damages and personal injury.

How Does Accident Reporting Work in Arizona?

Like in any state, after making sure that everyone in your vehicle and the other vehicle(s) involved in the accident are safe, you should immediately contact the police. 

Police will arrive at the scene and file official reports related to any of the following issues:

  • a personal injury
  • fatalities
  • property damage resulting in $1000 or more in damages
  • citations for at-fault drivers. 


These reports will be critical in later pursuing  legal action.

Arizona Motorcycle Accident Policies

Motor accident laws apply to motorcycles as well, meaning Arizona personal injury attorneys can support motorists driving motorcycles OR whose cars were damaged by a motorcycle driver. 

You can review the auto accident law section above for detailed information on who’s at fault, statutes of limitation, and accident reporting for Arizona motorcycle accidents or get started with an AZ motorcycle accident attorney today.

Why Work With a Phoenix Car Accident Firm?

Our experienced personal injury firm has worked on thousands of cases pertaining to Arizona car accidents. With a deep understanding of AZ’s laws and experience working with victims to understand their damages and what they’re entitled to, we’ll get you the justice and financial compensation you deserve, regardless of where in Arizona the car accident occurred. 

Get started today by contacting a Maricopa County auto accident attorney.

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

Name(Required)
Email(Required)
Provide the date or as close to a date as possible to the incident/accident that caused the injury.
MM slash DD slash YYYY
Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

Arizona Car Accident Attorney FAQs

Is There an Arizona Car Accident Attorney Near Me?

Since all cities and local municipalities abide by the same AZ state laws, you can work with top Arizona car accident attorneys from anywhere in the state. 

That means whether you were in a car accident in Phoenix, Scottsdale, Mesa, Tempe, Sedona, near the Grand Canyon, or in a more rural Arizona community, you can choose the right attorney for you regardless of location. 

Our trusted AZ car accident attorneys have years of experience earning victims payouts in the 6-to-7 figure range in Maricopa County and beyond. For help navigating the complex motor vehicle laws of the Grand Canyon State, work with a proven Phoenix personal injury attorney. 

Who to Contact After an Arizona Auto Accident?

Here are the people you need to right after the accident as well as down-the-road.

Police & Medical Help

In the immediate wake of the accident, contact the local police to arrive on scene and report the incident (and call for medical help if bodily injuries were sustained by any drivers involved)

Insurance

Regardless of whether or not you were at fault, you’ll need to contact your insurance company to determine next steps. You’ll be provided with details about how damages to your vehicle and body will be paid for. 

If you believe the insurance company of the at-fault driver isn’t covering things that it should, an attorney will work with you to get compensation from their insurer.

Attorney at a Personal Injury Law Firm

If you were injured, had damage to your property, have ongoing physical or mental health challenges, and/or cannot work, an experienced Arizona car accident attorney with work with you to get the financial compensation you’re entitled to. 

Even if you’re unsure you can afford to pay an attorney, AZ motor accident attorneys are often willing to work on contingency to get you justice, meaning you won’t have to pay up front and the attorney will only receive a payout if/when you receive a payout.

How Does a Car Accident Lawsuit Work in Arizona?

Here are the steps it will take to get you financial compensation for injuries sustained in a car accident in Arizona:

  1. Speak with a Trusted Personal Injury Law Firm
  2. Get the Needed Medical Diagnoses from Qualified Experts
  3. Investigate the Scene of the Crime
  4. Ongoing Investigation (Including Speaking with Witnesses) 
  5. Gathering of Evidence
  6. Negotiations with Insurers (with a Goal of Settling Before the Case Reaches Court) 
  7. Settlement (or Trial if a Fair Payout Amount Cannot be Agreed Upon) 


If the car accident attorney is working on contingency, you won’t owe them any money until a settlement amount is reached.

Do Car Accident Lawsuits Settle Quickly in Arizona?

More often than not, insurance companies would rather pay out a settlement than go to court if the driver they covered was at fault. 

Timeframes can vary as negotiations between the attorney and insurance provider unfold, but it is highly unlikely that you will need to wait for a trial.

Do Cities Like Phoenix Have Specific Car Accident Laws?

Counties like Maricopa as well as municipalities and cities in Arizona defer to the state policies when it comes to car accident lawsuits. 

Phoenix’s city code makes no mention of car accident claims for personal injuries, so you can work with a car accident attorney in Phoenix directly or from anywhere else in the state.

What Are Notable Car Accident Court Cases in Arizona?

A great Arizona car accident law firm carefully selects which lawsuits from the state’s extensive legislative history around motor vehicles pertain to the case. 

Key examples of state court cases that impact motor vehicle accidents today in the Grand Canyon State include Morrison v. Acton, Layne v. Hartung, and Law v. Superior Court of Arizona. 

Keep in mind, there are thousands of lawsuits related to hyper-specific circumstances your attorney will consider that could set a precedent for the legal circumstances around your auto accident case. These are just a few of the most notable examples. 

What Arizona Laws Talk About Car Accidents?

Key laws that outline the Arizona legislature’s policies related to car accidents include:

ARS Section 12-542

This law specifies the circumstances under which you’re allowed to pursue legal action within two years of the accident or time of death/diagnosis of ongoing disability:

  • “For injuries done to the person of another including causes of action for medical malpractice…
  • For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured. 
  • For trespass for injury done to the estate or the property of another. 
  • For taking or carrying away the goods and chattels of another. 
  • For detaining the personal property of another and for converting such property to one’s own use. 
  • For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.”


ARS Section 12-2505

This law specifies the specific definition of the Arizona state legislature for comparative negligence: 

“A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.

B. In this section, “claimant’s fault” includes the fault imputed or attributed to a claimant by operation of law, if any.”

Who Can You Sue If No Driver is At-Fault?

It’s not always a driver’s fault that an accident happens. Things like potholes, brake failures, etc. occur, you may be able to sue a third party like a local-government, car manufacturer, etc. 

An attorney will provide context on who you can sue given the circumstances of your car accident.

What Happens if There Was a Fatality in an Arizona Car Accident?

The family members of deceased have up to two years to seek financial compensation beyond the date of death of their loved one (with exceptions – contact an attorney with your specific circumstances to confirm your eligibility).

Attorney Files a Claim

Once you speak with an AZ auto accident law firm and evidence is gathered on your behalf, your attorney will file a claim.

Defendant Response

The insurance provider of the other driver will gather evidence of its own and try to mitigate its liability for your damages.  

During and beyond the evidence gathering stage, negotiations will continue between the insurance company and your attorney.

Settlement (or Trial)

In almost all instances, a settlement will be agreed upon before your case reaches court. Negotiations will continue until you and your attorney are happy with the amount that the insurance company agrees to pay out. 

In the off chance a settlement cannot be reached, a lawsuit will unfold and you will be compensated if/when the insurer is found liable. 

Ready to hire a personal injury lawyer to help you with your injury case? Contact Austin Kurtz of Kurtz Riley Law Group at 480-900-1116. Or complete the form below and we’ll connect you directly with him today.

Name(Required)
Email(Required)
Provide the date or as close to a date as possible to the incident/accident that caused the injury.
MM slash DD slash YYYY
Please provide details of the injury, type of injury, were you at fault, have you been to a doctor, etc.

Sources

As a Phoenix personal injury attorney, Austin Kurtz fights for plaintiffs' rights in motor vehicle accidents, wrongful death, product liability, and other accidents caused by the wrongful conduct of others.

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