Proving fault is the the most important fact in a Phoenix car accident lawsuit. Arizona is a fault insurance state, meaning injured parties can seek recovery through the at-fault driver’s insurance company. Injured people can also pursue compensation through a civil personal injury lawsuit. In both types of cases, the injured party will have to prove that the other driver was at fault to receive compensation for medical treatments, property damages, and more.
Proving fault can be difficult depending on the circumstances of the accident. It requires reviewing all the facts and evidence of the crash to assign fault to one or more parties for causing the event. Evidence can include photographs of the scene, eyewitness statements, expert testimony, police reports, and medical records. An injured party will need to prove that the other driver owed a duty of care, breached this duty, and thereby caused the accident.