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Fatal Car Accident Lawyer in Arizona
Fatal car accidents are some of the most prevalent causes of accidental deaths. In fact, there were over 43,000 fatal crashes nationwide in 2022, according to statistics provided by the National Highway Transportation Safety Authority, which represents a 16% increase since 2019. In that same timeframe, Arizona’s fatal car accident numbers have increased by a whopping 44%, underscoring the rising prevalence of these types of crashes.
After a fatal Arizona car accident that has resulted in the untimely death of your loved one, you are likely processing the loss the accident has brought, focusing on rebuilding your life and getting your family the help it needs through this terrible time.
Though nothing can bring your loved one back, you may be able to recover compensation from the party responsible for the accident so that you may minimize the profound financial impact the car crash will have on your family’s life. You should not have to shoulder that daunting process alone: an experienced, knowledgeable personal injury lawyer can help.
Types of Fatal Car Accidents
Unfortunately, there are many different types of car accidents that can turn fatal, resulting in the wrongful death of a loved one. The following are just some examples:
- Head-on collisions – This is where the loved one’s vehicle was hit by another vehicle head-on, often causing catastrophic damages and fatal injuries.
- Collisions with a fixed object – Where the motor vehicle hits an object such as a road sign, post, tree, or pole.
- Hit-and-run accidents – This is where the driver of a vehicle fails to stop the victim after an accident.
- Side impact collisions – This is caused by one vehicle impacting another on its side, where it lacks the same zone of protection that the front and back of the vehicle have, often resulting in more serious or fatal injuries.
- Truck accidents – involve a tractor-trailer, truck, or other commercial vehicle, usually resulting in significant damage and injury to the driver of a smaller vehicle.
- Pedestrian accidents, which involve a vehicle striking a pedestrian and can often turn fatal.
- Impaired driving accidents – caused by a driver who is under the influence of drugs or alcohol.
- Multi-vehicle accidents – involve multiple vehicles or pileups.
- Negligent driving accidents – caused by another party who is driving negligently or recklessly, being inattentive to the road, or breaking the rules of traffic.
What Causes Most Fatal Car Accidents in Phoenix?
Almost all fatal car accidents are preventable. In Arizona, deadly collisions occur mainly due to human error. Driver negligence, such as speeding or drunk driving, can lead to high-speed collisions and fatal personal injuries.
At Gerber Injury Law, it is our mission to hold reckless drivers responsible for the lives they take in Arizona. We do so by identifying fault, proving negligence, and demanding maximum compensation for our clients.
- Driving under the influence of drugs and alcohol
- Driving while distracted
- Texting and driving
- Falling asleep behind the wheel
- Excessive speeding
- Street racing
- Driving the wrong way
- Running red lights
- Inexperienced or unlicensed drivers
If we identify the person who caused your loved one’s death, we can help you file a death benefits claim with his or her insurance company. If your loved one died in a hit-and-run, we may be able to seek restitution from the deceased person’s insurance company. A third party may also bear some liability, such as the dram shop that gave the drunk driver alcohol. Our Phoenix car accident attorneys can investigate your case to determine fault.
Recovering Damages after a Fatal Car Accident in Arizona
After a fatal car accident, you may be able to recover the financial damages and losses you have suffered as a result of your loved one’s untimely death. Naturally, wrongful death claims are some of the most serious and catastrophic, and they also tend to carry with them some of the most significant losses a family may incur.
To establish a claim for wrongful death, you will need to prove the elements of negligence, showing that the other party was directly liable for the death of your loved one, breaching their duty of reasonable care on the road, and causing the accident. You will also need to prove the full extent of the damages you have suffered.
Although nothing will bring your loved one back, it is possible to recover some of the financial damages associated with the accident, which likely came as a serious shock to your family. These include the following:
- Funeral and burial expenses
- The costs of medical treatment
- Lost wages and benefits that your loved one would have earned
- Other types of financial support your loved one would have been able to provide, such as the value of household help and services
- The value of non-economic damages, such as the loss of your loved one’s affection and companionship
- In some cases, punitive damages that are designed to punish and deter wrongdoers
Under Arizona law, there are certain specific parties who may file a claim to recover compensation after the death of a loved one. Generally, these include surviving spouses, surviving children, or parents of the deceased, along with personal representatives of the loved one’s estate or of their spouse, child, parent, or guardian. The state’s statutes regarding wrongful death outline the process in greater detail.
The Arizona Statute Of Limitations for Fatal Car Accidents
Did you know that you must file your claim in a timely manner in order to recoup compensation? Generally, the statute of limitations governs the time period by which you need to file a claim in order for it to be considered timely. If the claim is not filed by then, you run the risk of your case being dismissed in court.
Each state sets its own statutes of limitations for different claims. In Arizona, for example, the statute of limitations for wrongful death claims, such as those suffered in a fatal car accident, is two years. This means that you need to file the claim within two years after the accident occurred in order to receive compensation. It is essential that you fully understand what this time limitation means for your case, and for that reason, connecting with a knowledgeable Arizona wrongful death attorney is advised.
Arizona Wrongful Death Claim Laws
If you believe someone else’s negligence or recklessness behind the wheel killed your loved one, take the next step by learning Arizona’s wrongful death laws. Wrongful death statutes will determine your rights and options as a claimant. In Arizona, you have two years from the date of your loved one’s death to file a lawsuit.
You may file the paperwork if you are the deceased person’s surviving spouse, child, parent or guardian, or personal representative of the estate or of a family member. If the person killed in the accident was your child, either parent may file on behalf of the child.
How Personal Injury Lawyers Can Help after a Fatal Accident in Arizona
Issues of liability and damages can quickly become complicated, especially in a fatal accident case where the other parties will likely try to minimize their liability and offer a low settlement. Moreover, this area often involves various laws and relies on an experienced application of those laws to the specific facts of your claim. Engaging the services of a knowledgeable and experienced Arizona fatal car accident lawyer can make a big difference in the way your claim is handled and the likelihood that you will recover a fair and reasonable amount in compensation.
A personal injury lawyer can help investigate the facts of your claim, preserve important evidence in your case, and assess the full amount of your damages. They will communicate and negotiate with the other party and their insurance company. Because large insurers tend to have significant resources on their side, it can be very helpful to have a lawyer on your side to represent your best interests and make sure you receive the compensation you deserve.
If a fair and reasonable settlement is not possible, your experienced personal injury lawyer will be able to file your claim in the appropriate court, having an understanding of the procedures and the process. They will build a strong case on your behalf to present to the jury towards a favorable verdict.
Fatal car accidents often require attention from lawyers. It is a sad reality that insurance companies do not wish to offer maximum recoveries to the surviving loved ones of someone killed in a car accident. Instead, they wish to maximize profits for their investors. After hiring a lawyer, you can refuse a lowball settlement offer and demand fair reimbursement for your family’s losses.
A skillful wrongful death attorney in Arizona will not allow you to fall prey to the bad-faith tactics of an insurance company. Your lawyer will negotiate the best possible outcome on your behalf while you and your family focus on healing.
Schedule Your Free Consultation with Gerber Injury Law Today
A fatal accident claim is one of the most complex, involved areas of the law, and it is often fraught with a variety of challenges. Although nothing will bring your loved one back, our compassionate, knowledgeable Arizona wrongful death attorneys can help you obtain compensation for the damages you’ve incurred as a result of your loved one’s untimely death.
You should not try to resolve your family’s claim on your own: after a fatal accident, you need professional, experienced help to go against the other party and their insurance company. We can meet with you one-on-one to discuss how we will use our tailored legal strategies to help you achieve your goals, and we will guide you through the claims process to make it as stress-free as possible.
We are strong negotiators who will communicate with the insurance company on your behalf, and if a fair and reasonable settlement is not possible, we have the resources you need to fight your claim in court. Call our Arizona personal injury attorneys for a free consultation at 602-900-9286 or click here to reach us online.
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