What Evidence Do I Need After a Car Accident? 

To establish fault and prove that the other party acted negligently, you will need to prove that: 

• The defendant owed you a duty of care. 
• The defendant failed in that duty of care and did not exercise reasonable care. 
• The defendant’s breach of duty caused your injuries. 
• You have suffered financial damages. 

Important evidence in a car accident claim (that can establish fault and prove the four elements of negligence) includes:  

• Social media posts. Posts or comments that either party makes on social media platforms can be used against them in court, which is why you should avoid discussing the accident, your injuries, and the case itself online. Even direct messages between friends can be screenshotted or subpoenaed and used in court. What may be an innocent post to you may have its meaning distorted. For instance, a post about you going out with friends may be used to prove your injuries are not as severe as you claim. 
• Accident reports. Arizona drivers are legally required to report a car accident if the crash resulted in injuries or damages (even if it was a minor accident or involved a parked car). The incident report typically contains helpful information, such as a description of the event, witness names, etc. 
• Witness statements. If someone witnessed the accident, their statement will likely be included in the accident report. They can also speak with your attorney and/or in court to share what they saw. 
• Expert witness testimony. You can consult with experts to build a stronger case. For instance, an accident reconstructionist can help recreate the scene and discuss what likely caused the accident, which can be helpful if more than two vehicles are involved in the accident. 
• Driving record. A bad driving record may be admissible evidence in court and can be used to establish a history of reckless driving. 
• Bills and receipts. Your medical bills, previous w-2s, paystubs, prescription costs, and other financial information can be used to calculate your economic damages. 
• Photos. If possible, you should take photos after the accident. Images of your injuries before treatment, the damage to your vehicle, and the scene of the accident can be important evidence. 
• Surveillance videos. Depending on where the collision took place, there may be surveillance cameras that caught the accident on camera. If you notice any cameras, you should tell the officer at the scene as well as your attorney. 
• Physical evidence. Items like the clothing you wore on the day of the accident, weather damage, and property that was damaged in the accident can be important evidence. 

Types of Car Accident Cases We Handle

The Phoenix car accident lawyers at IBF Law Group have represented clients in a variety of accident claims, including those involving some of the most common types of auto accidents:

• Distracted driving accidents - Cell phone use is a top cause of distracted driving, but other forms can be just as dangerous, such as eating, talking with passengers, following navigation, or adjusting the radio.
• Drunk driving accidents - Drivers who are under the influence of drugs or alcohol are a serious danger on the road. While these types of accidents are less frequent than others, they are usually more deadly.
• Speeding accidents - Excessive speed was the cause of  359 Arizona car crashes in 2021. Speeding decreases the amount of time a driver has to avoid a collision. It also increases the possibility of more serious injuries, since the force of impact will be greater.
• Rear-end accidents - In a large metropolis like Phoenix, rear-end collisions are very common. When traffic is congested or drivers are speeding, it's not easy to stop in time. Rear-end accidents are also commonly linked with distracted drivers who haven't noticed traffic is slowing down or stopping.
• Side-impact accidents - Also known as T-bone collisions, side-impact accidents are usually caused by a driver running a red light or stop sign, or otherwise not yielding the right-of-way. T-bone accidents are much more dangerous for the person whose side of the vehicle was hit.

Whatever type of accident you have experienced, our car accident attorneys in Phoenix are ready to fight for you. With our years of experience and legal skills, we are confident that we can obtain a favorable outcome for your case.

Establishing Fault in Car Crashes: What Is Comparative Negligence? 

In Arizona, an injured party can still pursue damages and recover compensation even if they are partially at fault (99% at fault or less) for the accident. According to Arizona Revised Statute §12-2505, the plaintiff (the injured party) will have their settlement reduced by their percentage of fault. For instance, if a plaintiff was texting and driving or speeding, they may be deemed to be 15% at fault; if their initial settlement award is $100,000, they would only receive $85,000. 

To establish fault, your attorney (as well as the opposing party) can investigate the accident and collect evidence that establishes who or what caused the accident as well as whether either party acted negligently. You may be considered partially at fault if the opposing party can prove that you were: 

• Driving while distracted (i.e. texting and driving, fiddling with the radio or their phone playlist, eating, grooming, etc.) 
• Speeding 
• Not wearing your seatbelt (as this can affect the severity of your injuries) 
• Under the influence of drugs or alcohol 
• Driving drowsy 

Compensation That Can Be Recovered After a Car Accident

A car accident has far-reaching consequences that may not be immediately apparent. On top of the injury and subsequent medical treatment, you may miss extended periods of work or require months of physical rehabilitation; sometimes, your quality of life is permanently altered.

At IBF Law Group, our car accident lawyers in Phoenix believe that anyone who is a victim of negligence should not have to bear the weight of these losses on their own. With help from our firm, you can recover the full amount of compensation that you deserve for the following damages, and more:

• Medical treatment related to your injury
• Missed time at work/lost wages
• Repair to your vehicle and other damaged property
• Permanent disability and loss of bodily function
• Loss of quality/enjoyment of life
• Vocational rehab
• Pain and suffering
• Wrongful death of a family member

The amount of compensation and types of damages depend entirely on the unique details of your case. Our Phoenix auto accident attorneys are happy to discuss what your case might be worth during a free consultation.

Schedule a Free Consultation with Our Attorneys 

IBF Law Group can fight to protect your interests and financial health if you are involved in a negligence-related car accident. Arizona has a statute of limitations for filing personal injury claims, and car accident victims have 2 years from their date of injury to file a claim. Thus, the sooner you contact our firm the better. Once you retain our services, we can help you: 

• Understand your legal rights and options 
• Negotiate with the insurance company representative
• Litigate (if the case goes to court) 
• Establish liability and collect evidence 
• Minimize your liability and maximize your compensation

Schedule an initial consultation with our firm today. Call (602) 833-1110.