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Legislation

Posted On 05/29/20

Arizona Damage Caps

A key question by many plaintiffs during personal injury and wrongful death lawsuits is how much they may be able to obtain through their causes of action. Understanding the value of a damage award can be important for a family in planning its future. In some states, statutory damage caps limit the total amount of financial recovery a plaintiff could receive through a civil claim. In Arizona, however, no such cap exists. Damage caps are unconstitutional in the State of Arizona. What is a Damage Cap? A damage cap is a statutory limit on the amount of damages a claimant can receive. It is a law setting a maximum on...

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Posted On 05/15/20

What Is the Difference Between Contributory Negligence and Comparative Negligence?

Negligence is the legal doctrine on which claimants base most personal injury lawsuits. It describes a party’s breach of duty of care in connection with the victim’s injury. Different states have passed different negligence laws. Some bar a victim from any recovery for contributing to an accident while others simply reduce the victim’s award. When questions of a victim’s possible contribution to an accident arise, a state will use either contributory negligence or comparative negligence laws. It is important to know which doctrine your state uses, as it could significantly impact your recovery. Contributory vs. Comparative Negligence The vast majority of states use comparative negligence laws, not contributory. In a...

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Posted On 03/27/20

What to Do When an At-Fault Driver’s Insurance Won’t Pay

Under Arizona's traditional fault-based car insurance system, the driver or party guilty of causing your vehicle collision will be financially responsible for related damages. After a crash, you will call the insurance company of the at-fault party to file a claim and request compensation for your losses. Unfortunately, not all insurance companies treat claimants fairly. Find out how to proceed if the at-fault driver’s insurance company refuses to pay. Why Might an Insurance Company Not Pay? If the at-fault driver’s insurance company denies your claim, it must list its reason for doing so in the denial letter you receive. You may then ask the insurance company for more details, file...

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Posted On 02/26/20

What Is Arizona Revised Statute (ARS) 28-701A?

Speeding causes a large number of car accidents in Arizona every year. It is a leading cause of collisions across the nation. In 2018, almost 9,400 victims lost their lives because of speeding drivers in the U.S. Speeding is so deadly because it increases the velocity at which a collision occurs. More velocity means more force exerted on the vehicle occupants in the crash. A crash happens at the combined speeds of both vehicles. To limit speeding and reduce the number of related crashes, states enforce many related speeding laws. ARS 28-701A: The Duty Not to Speed One of the most frequently given citations to drivers in Arizona is a...

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Posted On 01/31/20

Arizona Dash Cam Laws

The explosion of portable technology in the Digital Era has led to a rapid increase in the number of drivers using dashboard cameras. Dash cams can record things inside the cab and out on the road, potentially serving as evidence in an accident claim. As dash cam prices become more reasonable, with many models under $100, more drivers have invested in them to record what happens as they drive. Drivers must be careful, however, to use them according to Arizona’s related laws. Are Dash Cams Legal in Arizona? Although some states limit or prohibit their use, you can lawfully install a dashboard camera in your vehicle in the state of...

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Posted On 10/21/19

Arizona Move Over Law

Most states have some version of the Move Over law. Move Over laws instruct motorists to switch lanes or slow down when passing stopped emergency and utility vehicles. They also instruct drivers to pull to the side and stop for oncoming emergency vehicles. Move Over laws aim to reduce the number of car accident injuries and deaths among emergency workers. They also help facilitate emergency response by forcing motorists to stop for ambulances and firetrucks. Breaking Arizona’s Move Over law could result in serious penalties, especially if the driver causes a car accident. What Does the Move Over Law State? Arizona’s Move Over law, ARS 28-775, says a driver must...

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