Car accidents occur for many reasons: driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result of the car accident, speaking with a lawyer can help you sort out your rights, your options and your future.

At-Fault, Negligent and Aggressive Drivers

Driver negligence is much more common than you may realize. All it takes if a lack of attention in that split-second before the accident. Whether the distraction is talking to another passenger or child, changing a CD or radio station, eating, applying make-up, or talking on a mobile phone, it may be enough to prevent the normally quick reaction time needed for changing traffic conditions, such as sudden braking in stop-and-go traffic, or avoiding an object or animal in the road. More serious negligence occurs when traffic or criminal laws are actually violated: disobeying traffic signs and signals, failing to signal while turning or changing lanes, driving above or even well below the posted speed limit, disregarding the weather or traffic conditions, and driving under the influence of drugs, alcohol or a combination of the two.

You may have a sense of who caused a car accident; but a determination of "legal fault" can be surprisingly complicated and involve questions about who acted when, which laws governed the situation, witness recollections and the like. Even if the driver of the other car was clearly negligent, you must still prove that his negligence caused your damages. Police and car accident reports, including witness statements and photos can help; but even then, many car and auto insurance companies will contest what appears to be clear liability and force you to "prove it."

Actions, on the part of either driver, that may have contributed to the car accident include:

• Failure to stop at a red light or stop sign
• Driving a vehicle under the influence of alcohol or drugs
• Failure to compensate for dangerous weather conditions
• Driving a car above or below the posted speed limits
• Driver distraction caused by a cell phone, passenger, radio or another source
• Failure to obey traffic laws regarding turn signals, right-of-way and other rules

Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Clearly, aggressive drivers are a serious threat to the safety of all the other drivers around them; and if they cause a wreck, their liability is usually apparent. The difficulty lies in identifying them, then hoping they have insurance coverage!

DUI - Drunk Driving - Drugs

In the US, driving while intoxicated accounts for about 40% of the reported traffic accidents; someone dies every 30 minutes in an alcohol-related car crash; and someone else is injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove his car while intoxicated. Almost half of the traffic accident fatalities in Arizona are speeding related, and most of those are also alcohol-related. Certainly, these numbers most likely overlap each other, since driving while intoxicated impairs judgment, and in most crashes caused by alcohol, speeding was also a factor. If you have been in a car accident involving alcohol or drug use by the other driver (not you) let us explain your legal options.

Alcohol and speeding are also common causes of motorcycle, boating and trucking accidents as well. The careless operation of these potentially dangerous motor vehicles is a likely cause of the amount of serious injuries and fatalities in these types of accidents, including burns, brain, and spinal cord injuries. Motorcycles are commonly "unseen" to many of the motorists that have some sort of collision with them, sometimes because of the speeds at which the rider is traveling or just a lack of defensive driving and being aware of the other drivers and riders around him. High rates of speed also make it much more difficult to control a vehicle during adverse weather conditions or an unexpected equipment failure, like a flat tire.

Car Accident Injuries and Compensation

We help drivers and passengers injured in car accidents recover damages from the party or parties who caused the accident. "Damages" means money, and the money is paid to the victims to compensate them for their physical injuries, such as broken bones, spinal cord injuries and head injuries; and also for their physical pain and their mental and emotional suffering. This is often referred to as "pain and suffering". Damages may also be sought to pay for the victim’s medical bills that arose directly after and because of the car accident, in addition to reasonable future medical bills. If the victim requires rehabilitative services or accommodations, such as physical therapy or a ramp leading to the home, these costs may be recovered. The car accident victim also may recover lost past and future wages. Compensation for damage to personal property may also be recoverable.

The victim of a car accident often suffers what is called the loss of enjoyment of life; and all too often, he or she may suffer a permanent impairment, disfigurement and scarring. If the injured person was already suffering from a previous injury, the question becomes whether, and to what extent, the car accident may have aggravated or worsened the victim’s existing injury, and the new injury can be treated as a separate matter from the underlying injury.

If you have been injured in an car or other type of motor vehicle accident, it is a good idea to keep a daily diary documenting how the injury is affecting you, both emotionally and physically. This can be of great assistance when it comes time to show the effects of the accident.

Even if the spouse of the car accident victim was not in the car at the time of the crash, the spouse may also be experiencing a loss. Almost every state recognizes the claim of loss of consortium. Loss of consortium refers to the negative effect the accident has had on the marital relationship. The marital relationship generally comes with certain benefits, such as companionship, comfort, assistance, sexual relations and affection; the loss of consortium can be temporary or permanent.

Car Insurance

It is most often the case that car accident victims who recover in court or via a settlement are paid by the other driver’s insurance company. If the other driver is uninsured or underinsured, however, the car accident victim must pursue other means of recovery.

The car insurance policy of the victim may have an uninsured-motorist or underinsured-motorist provision that will compensate the victim. Other types of car insurance policies, available through the victim’s spouse or employer, may also provide benefits. How significant a benefit and whether it is available depends, of course, on the specifics of the policy itself.

Amount of Financial Recovery

The level of damages to which the car accident victim may be entitled depends on numerous factors. State law, the victim’s injuries, proving the facts of the case and even the victim’s own actions can come into play. So can the type and length of medical treatment, the auto insurance coverage of each party, the effect of the car accident on the victim’s income and the permanence of the injuries. This is why an experienced attorney can be such a strong ally in planning the case and assessing damages.

Uninsured and Underinsured Motorists Coverage

When a driver refuses or is unable to carry proper car insurance, that driver puts more than just himself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own car insurance policies; uninsured and underinsured motorist coverage protects car accident victims in these cases. If you have been involved in a car accident with an uninsured or underinsured driver, it is important to contact an attorney to discuss your rights.

Collecting Insurance Benefits

IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."

To recover benefits under an uninsured or underinsured motorist policy, the victim typically will need to show that the other motorist was at fault. The victim will also need to prove that his or her bodily injuries were significant. To collect benefits under an underinsured motorist policy, the victim will need to collect as much as possible from the at-fault driver’s insurance company first