Arizona Injury Law Explained.
Information That Empowers You.

General
Do I still have a personal injury case if the other driver wasn’t cited after the accident?

Yes — you can still have a valid personal injury case even if the at-fault driver wasn’t cited. A traffic citation can make liability clearer, but it isn’t required to prove negligence. In Arizona, every driver has a legal duty of care to operate their vehicle safely. If another driver’s actions — like speeding, distraction, or failing to signal — caused your injuries, they can still be held liable even without a ticket.

Police officers don’t always witness the crash firsthand, so their reports rely on driver and witness statements. That means a lack of citation doesn’t necessarily reflect fault. Gathering witness statements, photos, and evidence can help show that the other driver acted negligently.

If you were injured in a crash and the other driver wasn’t cited, an experienced Arizona car accident attorney can investigate the case, establish fault, and fight for the compensation you deserve.

Can you still file a personal injury claim if you were cited in the same car crash?

Yes — receiving a traffic citation does not automatically prevent you from pursuing a personal injury claim in Arizona. A citation is only one factor in determining fault and doesn’t necessarily mean you caused the accident.

For example, if you were cited for something unrelated (like driving without a license) or were improperly cited based on incomplete information, you may still recover damages if another driver’s negligence caused your injuries. In some cases, providing witness statements, photos, or vehicle evidence can help overturn a citation or prove it didn’t contribute to the crash.

If you were injured and cited in the same accident, don’t assume you’re at fault or give up your rights.

How do you prove fault after a parking lot accident?

Parking lots may seem harmless, but they’re common sites for injuries caused by uneven pavement, driver negligence, poor lighting, or weather hazards. Property owners have a legal duty to maintain safe conditions—repairing potholes, ensuring proper lighting, and addressing icy or slippery surfaces. When they fail to do so and someone gets hurt, they may be held liable.

To prove fault in a parking lot accident, you’ll need evidence showing the property owner knew or should have known about a dangerous condition and failed to fix it in a reasonable time. Key evidence includes:

  • Photos or videos of the hazard

  • Surveillance footage

  • Witness statements

  • Medical records documenting your injuries

Because these claims can be complex, it’s important to work with an experienced personal injury attorney who can investigate, establish negligence, and fight for fair compensation.

What is the average commercial truck accident settlement?

The average truck accident settlement in the U.S. is around $42,000, but the amount varies widely depending on the severity of the crash, the injuries involved, and who was at fault. In Arizona, settlements can be significantly higher when accidents result in serious injuries, fatalities, or long-term disabilities.

Compensation in truck accident cases often includes:

  • Medical expenses and future treatment costs

  • Pain and suffering or reduced quality of life

  • Property damage to your vehicle and belongings

  • Lost wages or loss of earning capacity

  • Punitive damages if the truck driver or company was grossly negligent

  • Wrongful death damages if a loved one was killed in the collision

Because trucking companies and insurers often fight to minimize payouts, it’s critical to work with an experienced Arizona truck accident attorney.

What are your rights as a passenger injured in a car accident?

If you’re a passenger injured in a car crash, you have the right to seek personal injury compensation, even though you weren’t driving. You can file a claim against the at-fault driver, whether that’s the driver of another vehicle or the one you were riding with.

Because Arizona follows a comparative fault system, you can recover damages from multiple drivers if more than one shares responsibility for the crash.

You may also be covered under Uninsured (UM) or Underinsured Motorist (UIM) policies—either through the driver of the car you were in or your own insurance policy. These coverages apply when the at-fault driver doesn’t have enough insurance to pay for your injuries.

Auto Accidents
Do I still have a personal injury case if the other driver wasn’t cited after the accident?

Yes — you can still have a valid personal injury case even if the at-fault driver wasn’t cited. A traffic citation can make liability clearer, but it isn’t required to prove negligence. In Arizona, every driver has a legal duty of care to operate their vehicle safely. If another driver’s actions — like speeding, distraction, or failing to signal — caused your injuries, they can still be held liable even without a ticket.

Police officers don’t always witness the crash firsthand, so their reports rely on driver and witness statements. That means a lack of citation doesn’t necessarily reflect fault. Gathering witness statements, photos, and evidence can help show that the other driver acted negligently.

If you were injured in a crash and the other driver wasn’t cited, an experienced Arizona car accident attorney can investigate the case, establish fault, and fight for the compensation you deserve.

Can you still file a personal injury claim if you were cited in the same car crash?

Yes — receiving a traffic citation does not automatically prevent you from pursuing a personal injury claim in Arizona. A citation is only one factor in determining fault and doesn’t necessarily mean you caused the accident.

For example, if you were cited for something unrelated (like driving without a license) or were improperly cited based on incomplete information, you may still recover damages if another driver’s negligence caused your injuries. In some cases, providing witness statements, photos, or vehicle evidence can help overturn a citation or prove it didn’t contribute to the crash.

If you were injured and cited in the same accident, don’t assume you’re at fault or give up your rights.

What are your rights as a passenger injured in a car accident?

If you’re a passenger injured in a car crash, you have the right to seek personal injury compensation, even though you weren’t driving. You can file a claim against the at-fault driver, whether that’s the driver of another vehicle or the one you were riding with.

Because Arizona follows a comparative fault system, you can recover damages from multiple drivers if more than one shares responsibility for the crash.

You may also be covered under Uninsured (UM) or Underinsured Motorist (UIM) policies—either through the driver of the car you were in or your own insurance policy. These coverages apply when the at-fault driver doesn’t have enough insurance to pay for your injuries.

How is fault determined after a car accident in Arizona?

Determining fault is one of the most important steps in recovering compensation after a car accident. In Arizona, fault is established using evidence such as:

  • Police reports that document violations or reckless behavior

  • Photos or videos from the crash scene showing damage or contributing factors

  • Eyewitness statements that support your version of events

  • Surveillance footage from nearby homes or businesses

Once fault is proven, you may be entitled to compensation for medical bills, lost income, property damage, and pain and suffering.

Arizona follows a comparative fault system, meaning you can still recover damages even if you were partially at fault—though your payout will be reduced by your percentage of responsibility.

What happens if the at-fault driver doesn’t have enough insurance to cover your injuries?

If you’re seriously injured in a car accident and the at-fault driver has no insurance or insufficient coverage, you may still recover compensation through your own Uninsured (UM) or Underinsured Motorist (UIM) policy.

  • UM coverage applies when the other driver has no insurance or can’t be identified—such as in a hit-and-run or debris-related crash.

  • UIM coverage applies when the at-fault driver’s policy doesn’t fully cover your damages. For example, if your medical bills total $50,000 but the other driver only has Arizona’s $15,000 minimum coverage, your UIM policy can help pay the remaining costs.

Even though these claims go through your own insurance, companies often try to minimize payouts. A skilled personal injury lawyer can negotiate on your behalf, ensure your UM/UIM coverage is applied correctly, and fight to secure the compensation you deserve.

Dog Bites
What are my options if I’ve been seriously injured by a dog bite?

There are over 18,000 dog bite claims per year in the US alone. In Arizona, the dog owner is liable for any injury their dog causes to someone else. You can seek damages for medical expenses, lost wages, property damage, pain and suffering, mental distress, future medical care, and more. You can read more about this topic in detail on our blog.

Motorcycle Accidents
What is the difference between an at-fault vs. not-at-fault motorcycle accident?

At-fault issues include excessive speed, failing to yield, not carrying a license or insurance coverage, intoxication, etc. For more information on what to do after you’ve been in a motorcycle accident, check out this blog post.

Personal Injury
How do you prove fault after a parking lot accident?

Parking lots may seem harmless, but they’re common sites for injuries caused by uneven pavement, driver negligence, poor lighting, or weather hazards. Property owners have a legal duty to maintain safe conditions—repairing potholes, ensuring proper lighting, and addressing icy or slippery surfaces. When they fail to do so and someone gets hurt, they may be held liable.

To prove fault in a parking lot accident, you’ll need evidence showing the property owner knew or should have known about a dangerous condition and failed to fix it in a reasonable time. Key evidence includes:

  • Photos or videos of the hazard

  • Surveillance footage

  • Witness statements

  • Medical records documenting your injuries

Because these claims can be complex, it’s important to work with an experienced personal injury attorney who can investigate, establish negligence, and fight for fair compensation.

What should you do if you’re injured in an accident while traveling out of state?

If you’re hurt while visiting another state, you can still pursue a personal injury claim—but knowing where to file it is key. Typically, your case can be filed in either:

  1. The defendant’s home state (where the at-fault party lives), or

  2. The state where the accident occurred, since that court has jurisdiction over incidents within its borders.

These jurisdiction rules can be complex, especially if multiple states are involved. An experienced personal injury attorney can help determine the proper venue, navigate differing state laws, and handle negotiations with out-of-state insurance companies.

How do you prove lost wages after a personal injury?

To recover compensation for lost wages after an injury, you must show clear evidence of how much income you lost because your injuries kept you from working. Insurance companies require documentation that verifies both your pay and your missed time—not just your word.

The key documents include:

  • Pay stubs showing your earnings before, during, and after your injury

  • Employer verification confirming the exact days or hours you missed

  • Doctor’s notes or work restrictions explaining why you couldn’t work

These records help demonstrate the full financial impact of your injury and strengthen your claim for compensation. If an insurer disputes or undervalues your lost wages, a personal injury attorney can help gather evidence, negotiate with adjusters, and ensure you receive the pay you’re owed.

What should you do if you suspect a traumatic brain injury in Arizona?

Traumatic brain injuries (TBIs) can cause serious physical and emotional harm—and symptoms don’t always appear right away. Watch for warning signs such as confusion, loss of coordination, headaches, unusual behavior, or clear fluid from the ears. Seek medical care immediately if any of these symptoms appear, even after a seemingly minor head injury.

In Arizona, TBIs often result from car crashes, falls, workplace incidents, or violence. If your injury was caused by someone else’s negligence, contact a brain injury lawyer like Torgenson Law to evaluate your case and help you pursue compensation for your recovery.

Why shouldn’t personal injury cases be referred to as “accidents”?

The term “accident” is often used by insurance adjusters to downplay the value of personal injury claims. By definition, an “accident” implies that an event was unexpected, unintentional, and nobody’s fault — which can lead victims to believe their injuries were unavoidable. This mindset benefits insurance companies, making claimants more likely to accept low settlement offers.

However, in Arizona law, a person can be held liable for injuries if they negligently caused another’s damages, even if the harm was unintentional. Using the word “accident” ignores this legal standard and falsely suggests that injuries occur without fault.

If you or a loved one has been injured, don’t let an insurance adjuster convince you your claim is worthless. Contact Torgenson Law for a free consultation and an honest assessment of your case.

Truck & Commercial Vehicle Accidents
What is the average commercial truck accident settlement?

The average truck accident settlement in the U.S. is around $42,000, but the amount varies widely depending on the severity of the crash, the injuries involved, and who was at fault. In Arizona, settlements can be significantly higher when accidents result in serious injuries, fatalities, or long-term disabilities.

Compensation in truck accident cases often includes:

  • Medical expenses and future treatment costs

  • Pain and suffering or reduced quality of life

  • Property damage to your vehicle and belongings

  • Lost wages or loss of earning capacity

  • Punitive damages if the truck driver or company was grossly negligent

  • Wrongful death damages if a loved one was killed in the collision

Because trucking companies and insurers often fight to minimize payouts, it’s critical to work with an experienced Arizona truck accident attorney.

Wrongful Death
What are my legal options if a loved one was killed in an accident?

These are extremely unfortunate and complex cases. Calculating the value of emotional damage can be a difficult thing. However, if a loved one was killed as a result of someone else’s negligence, you may file a claim for wrongful death. You can read more about this topic on our blog.