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Car accidents can turn a normal day into a whirlwind of confusion, stress, and uncertainty. One moment you’re cruising through the scenic streets of Oro Valley, and the next, your world is upended by a collision.
At Torgenson Law, we understand that the aftermath of an accident can feel overwhelming, leaving you with questions about your rights, medical bills, and how to move forward. Our dedicated team of Oro Valley car accident lawyers is here to guide you through this tumultuous time. Before we talk about how we can help, though, let’s first get an understanding of why these accidents are so common.
Car accidents can occur for a multitude of reasons, often due to the negligence or reckless behavior of drivers. At Torgenson Law, we have years of experience handling car, truck, and motorcycle accident cases. While every case is unique, here are the common causes we see more often than not.
One of the most prevalent causes of car accidents today is distracted driving. Activities such as texting, using a mobile phone, adjusting the radio, or engaging in conversations can divert a driver’s attention away from the road. Even a momentary lapse in focus can lead to devastating consequences. According to studies, distracted driving contributes to a significant percentage of collisions, making it critical for drivers to stay attentive.
Exceeding the speed limit or driving too fast for road conditions is another major cause of accidents. Speeding reduces a driver’s ability to react to sudden obstacles, increases stopping distances, and intensifies the severity of crashes. Many drivers underestimate the dangers of driving at high speeds, but the consequences can be catastrophic, resulting in serious injuries or fatalities.
Operating a vehicle under the influence of alcohol or drugs severely impairs judgment, coordination, and reaction times. Intoxicated drivers are more likely to take risks, misjudge distances, and make poor decisions on the road. DUI-related accidents remain a significant concern, with law enforcement agencies consistently working to combat this dangerous behavior.
Adverse weather conditions, such as rain, snow, ice, or fog, can dramatically affect driving safety. Reduced visibility and slippery roads increase the risk of accidents. Drivers should adjust their speed and maintain a safe distance from other vehicles during inclement weather. Unfortunately, not all drivers take these precautions, leading to numerous collisions each year.
Ignoring traffic signals and signs is a common cause of intersection-related accidents. Drivers who run red lights or fail to stop at stop signs can collide with other vehicles or pedestrians, often resulting in serious injuries. It’s crucial for all drivers to respect traffic laws and signals to ensure safety for everyone on the road.
Driver fatigue is an often-overlooked factor in many accidents. Drowsy drivers may experience slower reaction times, impaired decision-making, and reduced awareness. Long hours on the road without adequate rest can lead to dangerous situations, making it essential for drivers to recognize the signs of fatigue and take breaks when needed.
It’s your lawyer’s job to determine the underlying cause or causes of your accident in an effort to determine liability — that is, who to hold accountable for your accident. In some cases this is straightforward, in others, though, it can be extremely complex.
Determining liability in a car accident is crucial for victims seeking compensation for their injuries and damages. Various parties may share responsibility, depending on the circumstances surrounding the accident. Here are some key individuals and entities that can be held liable:
The most common party held liable in a car accident is the driver who caused the crash. This can occur due to negligence, reckless behavior, or violation of traffic laws. For example, if a driver was speeding, distracted, or driving under the influence, they may be considered at fault. Establishing fault typically involves gathering evidence such as police reports, witness statements, and accident scene photos.
In certain situations, passengers in the at-fault driver’s vehicle can also bear some responsibility. If a passenger was encouraging reckless driving or distracting the driver, their actions could contribute to liability. However, this is less common and usually depends on the specific circumstances of the case.
If the driver involved in the accident does not own the vehicle, the vehicle owner may also be held liable. This is particularly relevant if the owner knowingly allowed an unfit driver to operate their vehicle or failed to maintain the vehicle properly. For instance, if a car owner allows a friend with a history of reckless driving to use their car, they might share liability for any resulting accidents.
In accidents involving commercial vehicles or employees driving for work purposes, employers may be held liable under the principle of vicarious liability. If an employee causes an accident while performing job-related duties, the employer could be responsible for damages. This is often seen in cases involving delivery drivers, taxi services, or rideshare companies.
In some cases, government entities may be liable for accidents resulting from poorly maintained roads, inadequate signage, or malfunctioning traffic signals. If a driver can prove that a government agency failed to maintain safe road conditions, they may have grounds for a claim against that entity. However, suing a government agency can involve specific legal requirements and limitations, so it’s essential to consult with a knowledgeable attorney.
If a car accident is caused by a mechanical failure, the manufacturer of the vehicle or its parts may be held liable for producing a defective product. Similarly, if a mechanic fails to perform necessary repairs or conducts faulty maintenance, they could also share liability. Establishing this type of liability often requires expert testimony and thorough investigation into the vehicle’s history.
Once liability is determined, your car accident lawyer will seek to hold the responsible party or parties accountable by pursuing damages. This is the compensation you are owed for their hand in your injuries. Let’s turn our attention now to how these damages are structured and what can be included.
After a car accident, understanding the types of damages you may be entitled to is crucial for effectively pursuing a claim. Damages in personal injury cases, including car accidents, can be categorized into three primary types: economic, non-economic, and punitive damages.
Economic damages are tangible and quantifiable losses that result directly from the accident. These often include medical expenses, which cover everything from emergency room visits to ongoing rehabilitation and therapy costs.
Economic damages also encompass lost wages for the time you’ve missed from work due to your injuries, as well as future lost earning potential if the accident affects your ability to work long-term.
Property damage is also considered an economic loss, as it includes the costs of repairing or replacing your vehicle and any other damaged property resulting from the collision. Collectively, these damages can often be calculated with relative precision, providing a clear picture of the financial impact the accident has had on your life.
Non-economic damages, on the other hand, address the more subjective, intangible losses that may arise from a car accident. These damages aim to compensate you for pain and suffering, which encompasses the physical pain and emotional distress you experience as a result of your injuries.
Non-economic damages can also cover the loss of enjoyment of life, particularly if the accident has limited your ability to participate in activities you once enjoyed. Emotional distress, such as anxiety or depression stemming from the accident, is also included in this category. Because these damages are inherently subjective and difficult to quantify, they often require careful documentation and may involve expert testimony to establish their impact on your quality of life.
Finally, punitive damages serve a different purpose altogether. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are designed to punish the wrongdoer for particularly egregious or reckless behavior.
If the accident was caused by a driver operating under the influence of alcohol or drugs, for instance, the court may impose punitive damages to deter such conduct in the future. These damages are not awarded in every case; they are typically reserved for instances of gross negligence or intentional wrongdoing, reflecting the severity of the offender’s actions.
While it’s your lawyer’s responsibility to maximize your compensation, it’s not their responsibility alone. You share a part in the overall success of your case. With that in mind, let’s talk about the steps you should take in the days and weeks following your accident.
Experiencing a car accident can be overwhelming, but taking the right steps afterward can significantly strengthen a personal injury claim. Here’s a guide on what to do to protect your rights and build a solid case.
First, gather as much evidence from the scene as possible. Start by taking photos of the accident scene, including vehicle damage, skid marks, traffic signs, and any relevant road conditions. These images can provide valuable context later. If there are witnesses, collect their contact information and ask if they would be willing to provide a statement about what they observed. Witness accounts can bolster your claim by corroborating your version of events.
Next, exchange information with the other driver(s) involved in the accident. Ensure you collect names, phone numbers, insurance details, and license plate numbers. Avoid discussing fault or making any statements that could be construed as admitting liability. This information is crucial for any future claims or negotiations.
It’s also important to document your injuries thoroughly. Keep a detailed record of any medical evaluations, treatments, and medications you receive following the accident. Make note of how your injuries impact your daily life, including any changes in your ability to work, perform household tasks, or engage in activities you enjoy. This information can be vital when seeking compensation for both medical expenses and non-economic damages such as pain and suffering.
Following this, notify your insurance company about the accident, even if you don’t plan to file a claim with them. Provide them with the necessary information, but avoid giving detailed statements or admitting fault at this stage. Your insurance provider may require a basic report to initiate their internal processes, and it’s essential to keep them informed.
After you’ve taken these initial steps, it’s crucial to contact a lawyer. An experienced personal injury attorney can guide you through the legal process, help gather and present evidence, and negotiate with insurance companies on your behalf. They will ensure that you understand your rights and the full range of damages you may be entitled to. Consulting with a lawyer early on can make a significant difference in the outcome of your case, providing you with the support you need to seek the compensation you deserve.
If you’ve been injured in a car accident in Oro Valley, you don’t have to face the aftermath alone. At Torgenson Law, our dedicated team of personal injury attorneys is committed to advocating for your rights and fighting for you to receive the compensation you deserve.
With a deep knowledge of Arizona’s personal injury laws and a proven track record of success, we are equipped to handle the complexities of your case. From gathering crucial evidence to negotiating with insurance companies, we will be by your side every step of the way.
Don’t let the stress of medical bills and lost wages overwhelm you. Reach out to Torgenson Law for a free consultation today, or give us a call at 602-726-0747. Remember, you won’t pay anything unless we win.
