If you’ve been injured in a motor vehicle accident in Arizona, then you may be wondering whether you have an actionable legal claim against the defendant(s).  Whether you are entitled to sue and recover damages against the defendants for personal injury depends on a number of factors, including the imposition of fault liability.

Not all “mistakes” necessarily lead to personal injury liability.  In fact, many prospective plaintiffs find themselves mired in confusion over the difference between a mistake and actual negligence (which could give rise to an actionable claim).  For example, you may be wondering why a defendant-driver can be held responsible in an accident in which they were speeding in excess of the limit, but not in an accident scenario where they suddenly and unexpectedly swerved and collided with your vehicle.

Let’s explore this difference in brief.  This should provide some clarity as to what actually gives rise to an actionable personal injury claim.

Negligence and the Standard of Care

A defendant will be deemed to have acted negligently — in Arizona and elsewhere — if they have violated the applicable standard of care.  The standard of care is essentially a yardstick for reasonable behavior under the circumstances.  Courts will evaluate negligence by comparing the conduct of the defendant with that of a reasonably prudent person who is similarly situated.  This can be confusing, so let’s simplify with an example.

Suppose that you are injured in an accident involving a driver who was operating their vehicle on a roadway during poor weather conditions.  Whether the driver has committed negligence will depend on the court’s analysis of the accident scenario and how a similarly situated driver would have acted under the same circumstances — if the defendant swerved to avoid a road hazard, for example, and that act caused the collision with your vehicle, then the court will evaluate whether a driver with similar qualifications and experience (in the same scenario) would have acted differently.  If a reasonably prudent driver would not have made the same mistake, then the defendant committed negligence, and can be held liable for damages.

Negligence Per Se

In some cases, you will not have to prove that the defendant committed negligence.  In Arizona, a driver who violates traffic laws will be deemed “negligent per se.”  Negligence per se is essentially an automatic presumption of negligence — there is no need for the plaintiff to show that the defendant violated the standard of care.  This makes it significantly easier to impose liability, but successfully recovering damages will still require additional legwork.  Even if negligence is automatically presumed, you will have to introduce evidence that shows that the defendant’s negligent acts actually caused your injuries.  Without a causal link, negligence is insufficient to establish liability.

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Motor vehicle accident plaintiffs should seek the assistance of an experienced Phoenix personal injury attorney for guidance on how to proceed.  Make sure to get in touch with an attorney as soon as possible to ensure that you are able to effectuate your claims in a timely manner.