What to Do If You’re Injured by a Negligent Driver in Arizona: A Legal Guide

Hurt by a negligent driver in Arizona?

Get medical help, document the collision, protect what you say, and start the claim process early so evidence and deadlines don’t control the outcome. Arizona is a fault-based state, so the driver who caused the crash is responsible for the harm and your job is to preserve proof before it disappears. In 2023 alone, Arizona recorded 122,247 total crashes statewide, a reminder that these cases are common and insurers handle them every day.

Build a clear, well-supported claim from the start with the best car accident attorney in AZ. Early legal guidance can help you avoid mistakes that insurers use to cut claim value.

Take the Right Steps in the First Hour to Protect Your Health and Your Claim

In the first hour after a crash, these five steps protect your health and preserve the evidence your claim will depend on.

1) Call 911 and request a medical evaluation. 

Some injuries are obvious (fractures, bleeding), while others show up later (neck and back injuries, concussions). A prompt medical record ties symptoms to the collision and reduces the insurer’s ability to argue the injury came from something else.

2) Stay at the scene and exchange the required information. 

Arizona law imposes duties after a crash involving injuries, including giving identifying and vehicle information and providing reasonable assistance. If the other driver leaves, note the plate number, vehicle description, direction of travel, and any witness names.

3) Photograph and record while the scene is fresh.

Use your phone to capture vehicle positions, damage, skid marks, road conditions, traffic controls, visible injuries, and the other driver’s insurance card and driver’s license. These details often matter more than anyone expects two weeks later.

4) Get witness information.

A neutral witness can resolve “he said, she said” disputes. Ask for names, phone numbers, and a short statement of what they observed.

5) Be careful with what you say. 

Keep it factual. Do not guess about speed or distance. Do not apologize as a reflex. Insurers may treat casual statements as admissions.

Once the immediate danger is over, the next priority is creating a clean record of what happened. If you are working with a car injury lawyer in Cottonwood, you can also be coached early on how to preserve evidence and avoid common claim traps from day one.

Build Proof of Fault and Reduce Blame Shifting Under Arizona Comparative Fault Rules

To recover compensation, you must show the other driver was at fault and that the fault caused your injuries. In practical terms, the strongest claims usually include a combination of independent records (police documentation, medical records) and objective evidence (photos, video, vehicle damage patterns, and witness statements).

Arizona follows pure comparative negligence, meaning your compensation can be reduced by your percentage of fault, but you are not automatically barred from recovery just because you share some responsibility. This is a major reason insurers look for ways to assign blame. What helps most in real cases is proof that does not depend on memory alone:

• Police response and documentation. When officers investigate, their documentation can clarify vehicle positions, visible damage, roadway markings, and statements made at the scene. 
• Scene evidence. Photos of lane markings, intersection layouts, debris fields, and vehicle resting positions can support or undermine the story each driver tells. 
• Electronic and third party evidence. Dashcam footage, nearby business cameras, rideshare records, and cell phone metadata can become critical. Act quickly—many systems overwrite within days.

Those early records matter because insurers often judge a claim by what is written down, not what you remember later.

Know What Your Claim Can Include and Why Insurance Limits Matter Early

A negligent-driving case is not only “medical bills.” A properly supported claim typically includes damages such as medical expenses, lost wages, and non-economic harm tied to how the injuries changed daily life.

Economic losses often include emergency care, follow-up treatment, surgery, physical therapy, medication, future medical needs, lost income, reduced earning capacity, and out-of-pocket expenses tied to recovery. Non-economic losses often include pain, discomfort, emotional distress, and loss of enjoyment of life.

From there, it helps to understand what compensation can legally include beyond the initial hospital bill. Arizona drivers are required to carry minimum liability coverage levels of $25,000 per person / $50,000 per crash for bodily injury and $15,000 for property damage for policies issued or renewed beginning July 1, 2020. In a serious injury case, those minimums may be exhausted quickly—so early analysis often includes (a) all available liability coverage, (b) whether any other parties share responsibility, and (c) whether your own policy includes coverage that can apply.

Because coverage limits can cap recovery, identifying every available policy becomes part of the strategy early on. Insurers also look for reasons to discount injuries, which is why consistent treatment and good records matter. For context, the National Highway Traffic Safety Administration has reported that seat belts reduce the risk of fatal injury for front-seat passenger car occupants and significantly reduce the risk of moderate-to-critical injuries. The point is not to debate safety in the abstract, but to understand how insurers evaluate injury severity and how documentation counters shortcuts.

Meet Arizona Deadlines and Avoid Mistakes That Can Permanently Reduce Value

Deadlines are not flexible “guidelines.” They are legal cutoffs.

Most injury cases have a two-year filing deadline. Arizona’s statute of limitations for many personal injury claims is generally two years. Waiting too long can eliminate the ability to file suit, even if liability is obvious.

Government vehicle and public entity cases have shorter notice rules. If a public entity or employee may be at fault, Arizona’s notice of claim statute can require a claim to be filed within 180 days in many situations, along with specific content requirements.

As the claim develops, deadlines become just as important as damages, especially when additional parties may be involved. Common mistakes insurers use against injured people include delaying treatment, giving recorded statements too early, posting on social media in ways that can be misinterpreted, or accepting a fast settlement before future treatment needs are understood.

Choose Representation That Is Local Responsive and Built for Litigation When Needed

Not every claim needs a lawsuit. Many resolve through insurance negotiation. The problem is that you often do not know which category you are in until you see how the insurer responds to documented proof.

If the insurer’s offer does not match the documented harm, the case may need to be prepared like it will be proven in court. Working with the Law Office of Shiloh K. Hoggard, P.L.L.C. means you are not trying to assemble the case alone while also healing. 

We are ready to review what happened, identify the proof that matters most, and pursue compensation in a way that fits the facts—contact us today at (928) 649-3400 to get started.