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Car Accident Attorneys at Scottsdale Injury Lawyers Settle Three Car Accident Cases in Last Thirty Days
Car accident attorneys at Scottsdale Injury Lawyers have settled three personal injury cases. All three cases involved car accidents and were settled in the last thirty days. All three of the car accident cases involved a rear-end car accident on, or while exiting, a freeway. The clients in each of these car accidents were injured and suffered spinal injuries or concussions.
Do I Need A Personal Injury Attorney if I Was In a Rear-End Car Accident?
Typically, it is always a good idea to hire a skilled car accident attorney if you were in a car accident. This is true even if the car accident was a rear-end car accident. Most of the time, in a rear-end car accident the driver of the second vehicle that strikes the front vehicle is found at fault. Click here to read more about rear-end car accidents from our car accident attorneys.
Typically, it is always a good idea to hire a skilled car accident attorney if you were in a car accident.
If the driver of the second vehicle is found 100% at fault for causing the crash, then liability is considered established. This finding needs to be made by the at-fault driver’s insurance company. The police report and investigating officer may make a finding as to fault (also known as a liability determination), but this is not always followed by the insurance company. More often than not, it is, but there are exceptions when an insurance company does not agree to follow the findings of fault in a crash report.
Does Arizona Law Make the Driver of the “Behind Vehicle” Responsible for Causing a Rear-End Car Accident?
Typically, it is difficult for the “behind” driver in a rear-end car accident to claim he or she was not at fault. Under Arizona Law, a driver has a duty to control speed to avoid a collision. This includes a duty to make sure he or she is not following too closely and has left enough room between the vehicle he or she is operating and other vehicles on the roadway. Specifically, Arizona Revised Statute 28-701A sets forth:
“A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.”
Arizona Revised Statute 28-730A discusses following too closely. This law sets forth:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard for the speed of the vehicles on, the traffic on and the condition of the highway.”
A rear-ending driver may be held responsible for violating either of these Arizona laws. If he or she is, then he or she should pay for any injuries and damages caused.
When Does an Insurance Company Not Pay for Injuries Caused by Its Driver in a Rear-End Car Accident?
In theory, if you or a loved one was in a rear-end car accident, you should be able to recover for 100% of your injuries without a reduction. This includes medical expenses, pain and suffering, lost earnings from missing work, among other things. The issue should simply be how much you are entitled to recover.
However, often times clever insurance companies or untruthful rear-ending drivers will make excuses as to why you should not be paid full compensation for the injuries you sustained in a rear-end car accident. This can include the following:
- The car accident did not generate enough force to cause injuries
- The injuries claimed are not related to the crash
- The medical treatment received was excessive or not reasonable
- The costs of the medical treatment received were not customary or ordinary
- The driver had a sudden emergency (ie medical condition, act of god) and is not responsible
- A third party caused the crash (ie another vehicle caused the second driver to take evasive action, the brakes malfunctioned and the car maker should be responsible, etc.)
- You are responsible for causing the crash by improperly coming to a sudden stop
- You are responsible for causing the crash by stopping short of an intersection
- You are responsible for causing the crash due to faulty equipment (ie tail lights that were not working)
There are dozens of reasons and excuses that an insurance company and at-fault driver will make up to try to pay less. The car accident attorneys at Scottsdale Injury Lawyers have encountered nearly all these excuses. We are experienced in cutting off these arguments and know how to prove your case so that you receive 100% compensation for your car accident injuries.
The Rear-End Car Accident Cases Recently Settled by Our Car Accident Attorneys
As stated at the beginning of this post, our car accident attorneys recently settled three cases all involving rear-end car accidents. The first case occurred in 2018 when our client was rear-ended at a high rate of speed in Pima County. The client in that case suffered whiplash and concussion injuries. The client went to the emergency room and later received physical therapy and scans of her brain. The insurance companies paid over $30,000 in total compensation.
In the second case, the client was rear-ended while on vacation in California. The client hired the car accident attorneys at Scottsdale Injury Lawyers because she was an Arizona resident and wanted someone familiar with both Arizona and California law. Tony Piccuta, the founder of Scottsdale Injury Lawyers, is licensed in both Arizona and California. He regularly handles car accident cases in both states. As a result, he knows what must be done for an Arizona resident who was in a California car accident. He also knows the law in both California and Arizona which allows him to maximize the amount of money the client will receive.
The client was elderly and had a previous neck surgery with hardware. The car accident was a low-impact collision. As a result, there was minimal damage to the vehicle the client was riding in. The client waited several days to obtain treatment and then only had 3-4 appointments with medical providers. Nevertheless, Scottsdale Injury Lawyers was able to settle her case for a fair amount and provide the client with thousands of dollars for her injuries.
The final car accident case occurred in Maricopa County in March of 2020. The client was rear-ended when she slowed for traffic on the westbound 101 Freeway in Phoenix. The impact was moderate with minimal vehicle damage. Nevertheless, the client was injured.
The client went to Urgent Care four days after the crash after her pain symptoms did not subside. She received an x-ray and MRI and was prescribed physical therapy. She completed ten appointments of physical therapy and fully recovered. The client settled her case for double what she expected and was fully satisfied with the amount she received.
Contact an Experienced Car Accident Attorney to Handle Your Scottsdale Car Accident Case
If you or a loved one was involved in a car accident in Scottsdale or the greater Phoenix area, contact Scottsdale Injury Lawyers today. Our personal injury attorneys have handled hundreds of car accident cases over the years. We provide a free consultation and there is no cost for our services unless we recover for you.
About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.