Who Is at Fault in My Phoenix Area Auto Accident?
March 23, 2022

Being in a car accident is a notoriously stressful experience – for good reason. Even if you aren’t injured, you still have to worry about dealing with law enforcement, deciding whether or not to file an insurance claim, actually filing the claim, finding a reputable auto body shop to do the repairs and of course being without a vehicle while it’s being repaired or you’re shopping for a 

new one if it was totaled.

Of course, one of the first things you’ll have to deal with is determining fault, which isn’t always the easiest thing to do. There are scenarios in which clearly delineating fault is difficult for legitimate reasons of physics and road variables, and there are just as many times where a driver, for a variety of possible reasons, doesn’t want to admit negligence or aggressive driving on their part.

That being said, it’s still vitally important for your insurance claim and your driving record that fault is accurately determined. So how exactly is fault determined after an auto accident?


No Doubt Liability


There are certain accident scenarios in which one party is virtually always liable. Insurance companies are notorious for arguing fault, but in these scenarios, even the insurance companies generally acquiesce without a fight. These scenarios include:


Rear-End Fender Benders – If someone hits you from behind at a stop light in a right turn lane, for example, it is generally considered a case of no-doubt liability. The driver behind you, as dictated by common rules of the road and law, is responsible for ensuring they have enough time to safely stop without hitting the vehicle in front of them. Even if someone behind the car hit them first and knocked them into you, they are still responsible for damage to your car and any injuries you or your passengers incurred, although they likely have a claim against whoever hit them to set off the whole chain reaction.


Left Turn Accidents – If a car making a left hits another vehicle traveling in the opposite direction it is almost always assumed that the driver making the left turn is responsible. The only exception to this rule are situations in which the vehicle traveling in the opposite direction was excessively speeding or running a red light when the accident occurred.


Drunk Driving Accidents – In virtually every accident where one of the vehicle operators was intoxicated, the law and insurance companies tend to automatically concede that the intoxicated person is at fault for the accident.


Contributory Negligence


Contributory negligence occurs when the injured party played some role in their own injury, meaning the negligent party isn’t fully liable for the injury. For example, if you were making a left turn and hit someone traveling the opposite direction, and that person was traveling 30 miles over the speed limit, you can likely use contributory negligence as a defense. As a driver, you may have seen the vehicle coming and, judging the distance, assumed you had enough time to safely make the turn, without realizing the rate of speed at which the oncoming vehicle was traveling was too great to make it through the intersection in time.


In that scenario, the court may find that you are 70% responsible and the driver who was hit was 30% responsible. If the maximum compensation were $10,000 the court would rule that you owe the other driver $7,000 instead of the full $10,000.


Improving Your Chances for Establishing Fault



Whether for bringing a personal injury case or just dealing with the insurance company, evidence from the accident scene is always going to be the most important factor when determining fault. Police reports and visual evidence will always carry the most weight in this regard. Take photos of the accident scene and the damage to your car as well as the other driver’s vehicle. Much can be determined by where the damage on the vehicles is located and the angle at which the accident occurs.

Witnesses can also be hugely important when the courts are trying to determine fault and if there is potential contributory negligence. If possible, stop and ask any potential witnesses for their version of events at the accident scene. Make sure to ask them if they’d be willing to testify or write a statement explaining the accident from their perspective.

Also, never apologize for the accident, regardless of whether or not you think you’re at fault. Don’t say anything to the other driver or law enforcement that expresses remorse or could be construed as you admitting fault.

 If You or a Loved One Have Been Injured in a Phoenix Area Auto Accident, Call Attorney Steven R. Garcia

Attorney Steven R. Garcia has been practicing law in Arizona for more than 10 years, and has extensive experience representing people in the Phoenix area who have been injured during auto accidents. Mr. Garcia puts an emphasis on being thorough, collecting evidence and developing an accurate timeline of events to clearly show the negligent party’s culpability in your injury. If you’d like to learn if you have a case, please schedule a FREE initial consultation with Phoenix auto accident injury attorney Steven R. Garcia by calling (602) 277-2277.

Famously Dangerous Cars

March 7, 2022
Most people would agree that older cars had more character than what the general public drives around today. Despite their classic appearance and style, they also had a variety of issues that made them particularly unsafe. Even some of the most popular cars of the past decades had glaring safety flaws. DeLorean DMC-12 Made famous by its appearance in the 1985 film Back to the Future, the DeLorean and its gull-wing doors had a distinct appearance. Despite its current cult following, initial sales were much lower than expected. The company even went bankrupt after its president, John DeLorean, was arrested on drug trafficking charges. Even if the DeLorean Motor Company had stayed in business the DMC-12 likely would not have won any safety awards. While the gull-wing doors and sleek windows made the car look futuristic, they also posed potential safety risks. In the case of a rollover, there was a very high chance the doors would not open. The windows were also too small to crawl out of, making it impossible to escape a flipped vehicle without emergency assistance. Porsche 911 The Porsche 911 was first developed in the 1960s as a more powerful and comfortable replacement for the company’s first model. More than 50 years of production have made the 911 one of today’s most beloved sports cars. However, the early years were spent refining and fixing old ideas. The 911’s engine was placed in the back of the vehicle, behind the rear axle. This setup resulted in dangerous over-steering; one wrong pull of the wheel could result in the vehicle swerving into other lanes. Chevrolet Corvair The ‘60s Chevrolet Corvair also made use of a rear-mounted engine. Combined with a rear-swing arm suspension, the Corvair’s setup was unfamiliar to most drivers. These factors resulted in a number of instances where the vehicle drastically fish tailed. An investigation by Ralph Nader found that Chevy had even opted to omit an anti-roll bar in order to save on manufacturing expenses. A series of lawsuits put the vehicle’s dangerous nature directly in the public eye, destroying sales. The Corvair was discontinued in its 1969 model year. Ferrari 458 Italia American cars weren’t the only models beset by safety hazards. Ferrari’s initial release of the 458 Italia became infamous for one particular design flaw: they had a habit of bursting into flames. The adhesive material used to hold the car’s inner fenders in place turned out to be highly flammable. Placed close to the exhaust, it was prone to catching fire. Ferrari was forced to recall 1,248 of the vehicles. The fenders were riveted on, in place of the adhesive, but the damage to the sports car’s reputation had already been done. Personal Injury Attorneys in Phoenix If you or a loved one have been injured as the result of conditions created by a negligent individual, company or government entity, experienced Phoenix attorney Steven R. Garcia can help. That includes design or manufacturing flaws in vehicles that lead to accidents or injuries. With professional support you can pursue the compensation you deserve. Contact us today .

What to Do if You’ve Been Bitten by a Dog

August 28, 2020
There are a wide range of scenarios in which you may be bitten by a dog; whether your puppy nips you a bit too hard while teething, your adult dog accidentally nicks you with its teeth while playing or a stranger’s dog bites you while walking down the street or at a dog park. he steps you should take to address the bite depend on two main factors: how severe the wound is and whose dog is responsible. Superficial dog bites If the wound or gash is merely superficial (surface level), use running water to thoroughly wash it out then apply hydrogen peroxide or isopropyl alcohol to disinfect the cut. Apply a topical antibiotic to further aid in cleaning out the wound and cover it with a bandage to shield it from germs and bacteria. Puncture wounds If your wound is bleeding profusely or is located on your head or neck, call 911 immediately. However, if the flow of blood is steady, it’s a good idea to let it run its course for around five minutes, as blood flowing from the wound helps clean it by flushing potentially harmful bacteria. After five minutes, apply direct pressure to stop the bleeding; if this doesn’t help, seek emergency medical attention right away. Once the bleeding ceases, clean the wound under running water with a mild soap for five minutes. While products like hydrogen peroxide or rubbing alcohol are effective methods for cleaning superficial wounds, they’re not ideal for puncture wounds as they may delay the healing process. Disease considerations If you are bitten by a random, unknown dog, do not attempt to stop, catch or restrain the animal; contact animal control right away so they can try to find the dog. Contact the police and visit your doctor or an emergency room so you can begin rabies vaccinations immediately (especially if the dog that bit you seemed aggressive, partially paralyzed or acted strangely in any other way). If the dog in question was not unknown and was, in fact, someone’s pet, it’s important you still thoroughly clean and disinfect the wound, as all animal bites transmit bacteria and run the risk of causing infection. Know Your Rights to Legal Compensation if Someone Else’s Dog Bites You If you’ve been injured as a result of someone else’s dog biting you, it’s important to know that you have a legal right to seek compensation from the owner for injuries you suffered, especially if the bite was severe enough to require professional medical attention. Phoenix personal injury attorney Steven R. Garcia has helped many Phoenix metro area dog bite victims fight for the compensation they deserve, and he’d be honored to help you do the same. Though you may not feel great about filing a claim against someone’s beloved pet – especially if the owner is someone you know personally – it’s important to keep in mind that you may not be the only person this dog has bitten, or will bite. Plus, you shouldn’t be responsible to cover the costs of medical care you needed as a result of someone else’s dog. The first thing you should do after sustaining a serious dog bite is to report the problem to the police so they can make an official record and refer to it down the road should this same dog bite another person. The next thing you should do is contact an experienced personal injury attorney like Steven R. Garcia, who has extensive experience helping Arizona residents seek compensation for damages incurred after a dog bite. He will work tirelessly to investigate the incident and build a strong case to help you recover the money you deserve. To learn more about Steven Garcia’s approach to personal injury cases or to put his wealth of experience to work on your case, contact us at (602) 277-2277 for a free consultation.