How to Dispute Allegations of Fault in a Phoenix Auto Accident Case

August 10, 2023 | By Impact Legal Car Accident Attorneys
How to Dispute Allegations of Fault in a Phoenix Auto Accident Case

If you or someone you know are involved in an auto accident in the greater Phoenix area, do not assume you will be found guilty if the other party involved in the accident alleges you are at fault.  Legal recourse is available.  In fact, a carefully crafted legal defense prepared by an experienced auto accident attorney sets the stage to prove one or several other parties are responsible for the accident, creating the potential for you to be provided with significant financial compensation.

Be Proactive After the Accusation

If the other driver involved in the accident accuses you of fault, do not state “I'm sorry” or admit guilt in any other way.  The specific words spoken in the aftermath of the accident have the potential to be used as a form of evidence in a court of law.  The other driver(s) involved in the accident might even record your statements with their smartphone. It is in your best interest to say as little as possible after this unfortunate incident.  Furthermore, it is a mistake to admit fault to an auto insurance carrier or any other party. 

Rather, the better course of action is to take pictures of the accident scene, the damage to all vehicles involved in the crash and injuries.  If you do not have a digital camera or smartphone on your person, draw a picture of the accident scene.  Write down the names and contact information as well as the auto insurance information of those involved in the accident along with the makes and models of the vehicles involved in the collision.

The next step is to find a Phoenix auto accident attorney who is willing to tailor a legal strategy to the nuanced facts of your case.  Explain exactly what occurred to your personal injury attorney. Provide this legal practitioner with evidence and let him or her discuss the accident with the auto insurer as well as opposing counsel.  Your attorney will dispute accusations that you are at fault for the accident in a strategic manner while you remain focused on work, your family and recuperating after this unfortunate accident.

The Police Have the Potential to Help Prove Your Innocence

Reach out to the police immediately after an accident. An officer will respond to the accident by creating an official police accident report.  The details included in this report will go a long way in proving your lack of fault or partial fault for the collision.  This report might be used in a court of law to prove you were not at fault or even take center stage in the context of reducing a potential settlement request or, alternatively, providing you with a settlement. 

Fault for the Accident Might be Shared

An analysis of the accident performed by police, auto insurers and a judge might determine several parties were at fault, ranging from the drivers to local government, vehicle manufacturers and even the mechanics who last worked on the vehicles involved in the collision.  Keep in mind that Arizona has a pure comparative negligence justice system, meaning those involved in auto accidents have the potential to recover financial compensation even if it is determined they are partially at fault for the accident.

Were you or a loved one recently involved in an auto accident? Call Impact Legal today and speak with a personal injury attorney. Our number is (602) 345-1818.