How Is Liability Determined in a Phoenix Car Accident?

September 15, 2025 – James Flynn, Esq and Riah Greathouse, Esq

You didn’t leave your home expecting to be in a Phoenix car accident. Maybe you were running a quick errand, heading home from work, or picking up the kids. Then, in an instant, a pickup truck comes out of nowhere and crashes into your car.

In those first moments, you’re likely focused on the shock. You may be checking for injuries, trying to understand what just happened, or worrying about how you’ll get home. It’s only later, as the ambulance leaves or the tow truck arrives, that the bigger questions creep in: How serious are my injuries? How will I cover the medical bills? And eventually, who will be held accountable for the crash?

These questions aren’t just about blame. They determine who pays your medical bills, whether you can recover lost wages, and how much compensation may be available in a personal injury claim. When another driver’s negligence caused the crash, liability determines who is responsible for covering your losses. Yet liability is rarely straightforward. Insurance companies fight over it, and drivers tell conflicting stories.

This blog explains how liability is determined in a Phoenix car accident, why it matters, and what it could mean for your recovery.

Arizona Law and Insurance Requirements

Arizona uses a fault-based insurance system for motor vehicle accidents. This means the driver who causes a crash is financially responsible for paying damages through their auto insurance. If you were injured in a Phoenix car accident, you typically pursue a car accident claim against the at-fault driver’s insurance company.

Under Arizona Revised Statutes § 28-4009, Arizona drivers must carry minimum liability coverage:

$25,000 for bodily injury or death of one person
$50,000 for bodily injury or death of two or more people
$15,000 for property damage

However, these minimums are often far too low to cover the damages in a serious car accident. Hospital stays, surgeries, and rehabilitation can quickly exceed these amounts. Because coverage only applies once fault is established, the evidence collected after a crash plays a central role in determining liability.

Types of Evidence Used to Determine Liability

Liability decisions are not always straightforward. After a motor vehicle crash, investigators, insurance adjusters, and sometimes courts must weigh multiple types of evidence, including:

Police accident reports: Required under A.R.S. § 28-667 when a crash involves injury, death, or significant property damage.
Driver and witness statements: Accounts from those involved or who saw the crash can support or challenge each version of events.
Photographs and medical records: Images of the scene and documentation of injuries help connect the crash to damages claimed.
Traffic or surveillance footage: Camera evidence can provide objective proof of how the collision occurred.
Accident reconstruction: In complex cases, experts may analyze skid marks, vehicle damage, and engineering principles to recreate the crash.

Each of these forms of evidence can strengthen or weaken a liability claim, which is why courts, insurers, and attorneys often look at them together to build a complete picture of fault. Among these, police reports are often the first record considered in evaluating liability.

The Role of Police Reports in Liability Decisions

Because Arizona law requires police reports for crashes that cause injury, death, or significant property damage, they often serve as the foundation of liability discussions. An officer may record who appeared to be at fault, whether a citation was issued, and observations about the accident scene.

Insurance companies use these reports heavily, but they are not binding. For example:

If an officer believed you were partly responsible, that note can impact settlement negotiations, even if other evidence later proves otherwise.
If the other driver received a citation for running a red light or speeding, that information may strongly support your personal injury claim.

It’s important to acquire a copy of the police report after your Phoenix car accident and review it carefully. If there are errors, your attorney can gather additional evidence to challenge the report’s conclusions. Still, police reports are only one piece of the puzzle, and medical documentation often becomes just as important in proving fault.

How Medical Evidence Connects Injuries to the Crash

Liability isn’t just about proving who caused the collision. You also have to show that the injuries you suffered were directly linked to the crash. That connection comes from medical evidence, which documents the cause, extent, and impact of your injuries.

Medical documentation can include:

Treatment timelines: Records showing when you first sought care after the accident, which help rule out claims that the injury came from another source.
Severity of injuries: Diagnostic tests, imaging, and physician notes that demonstrate how serious the condition is and whether it requires long-term care.
Consistency with the crash: Evidence that your injuries match the type of impact that occurred, such as whiplash from a rear-end collision or fractures from a side-impact crash.
Follow-up and recovery records: Notes from ongoing treatment, rehabilitation, or physical therapy that illustrate how the injury continues to affect your daily life.

Insurance adjusters frequently scrutinize these records, looking for gaps in treatment or signs of pre-existing conditions. That’s why seeking medical attention promptly and following through with recommended care is so important. It creates a clear link between the accident and your injuries. A strong medical record makes it much harder for the other driver’s insurance company to deny your personal injury claim or reduce compensation for medical expenses.

While medical records explain how the crash affected you physically, witness accounts and expert analysis provide additional insight into how the accident itself happened.

Eyewitness Testimony and Accident Reconstruction

Eyewitnesses who saw the accident unfold can provide valuable accounts of what happened. Their statements often support or challenge the drivers’ versions of events. When testimony is consistent, it strengthens the overall liability claim.

In more complex car accident cases, accident reconstruction experts may be brought in. Using vehicle damage, skid marks, and engineering principles, they recreate the crash to show how it occurred. These reconstructions are particularly valuable in truck accident cases or multi-vehicle crashes where liability is disputed among several parties.

By combining eyewitness testimony with expert analysis, car accident victims in Phoenix gain stronger evidence to present against the other driver’s insurance company.

Once the evidence has been gathered, the next step is understanding how Arizona’s comparative negligence law affects the amount of compensation available.

How Comparative Negligence Affects Compensation

Arizona follows a pure comparative negligence rule under A.R.S. § 12-2505. This rule means you can be eligible to recover compensation even if you were partly at fault for a Phoenix car accident. The court or insurance adjusters assign percentages of fault, and your potential recovery is reduced accordingly:

If you suffered $100,000 in damages and were found 25% at fault, you could still recover $75,000.
If you were 70% responsible, you could still recover $30,000.

This system makes liability disputes common in Phoenix car accident cases. Insurance companies often try to increase your percentage of fault to reduce how much they owe. That’s why comparative negligence isn’t just a legal principle. It directly affects the compensation you may receive after a serious car accident. Because of this direct connection, liability becomes the foundation of nearly every personal injury claim.

Why Determining Liability Is Central to Your Claim

Liability is the foundation of every personal injury claim. It dictates whether you can recover compensation and how much you may be able to claim.

If liability is established against the other driver, their insurance company is responsible for covering your damages. That includes medical bills, lost wages, and rehabilitation costs. In cases of catastrophic injury, liability also affects whether you could receive compensation for long-term care and reduced earning capacity.

For families pursuing wrongful death claims under A.R.S. § 12-611, liability forms the basis to holding the responsible party accountable for funeral expenses, loss of income, and loss of companionship. Without a strong liability finding, accident victims risk being left with expenses that should fall on the at-fault party. Yet even when the law seems clear, insurance companies often make liability determinations more difficult.

Challenges With Insurance Companies

Insurance companies play a significant role in determining liability, but their goals don’t always align with yours. Adjusters often look for ways to reduce payouts, which may include arguing that your car accident injuries were pre-existing, delaying communication, or offering settlements that fall short of covering your losses.

For example, if you suffered injuries in a Phoenix car accident that required hospitalization, the insurance company may try to downplay the seriousness of your medical records. They may also question whether all of your treatment was necessary. These tactics are designed to limit the value of your personal injury lawsuit or claim.

Recognizing these strategies helps you understand why liability disputes often drag out and why having strong documentation of your accident, medical bills, and lost wages is so important. In addition, not every case involves just two drivers. Sometimes other parties may also share responsibility.

When Other Parties May Be Liable

Not all Phoenix car accidents are caused solely by another driver. In some cases, liability extends to third parties:

Defective vehicles: If faulty brakes or airbags contributed to the crash, the manufacturer may share liability.
Poor road maintenance: The city or state may be responsible if unsafe road conditions, like potholes or missing signs, played a role.
Commercial companies: In truck accident cases, the trucking company, cargo loaders, or maintenance contractors may all face liability.

By exploring each possible source of liability, car accident victims may uncover additional avenues for compensation, which can be especially important in serious car accident cases where medical expenses exceed insurance minimums.

While identifying every responsible party is critical, victims also need to be careful about actions that can unintentionally weaken their claims.

What to Avoid After a Crash

Car accident victims in Phoenix are often focused on immediate concerns: accessing medical treatment, repairing their car, and managing time away from work. In the process, certain actions can unintentionally weaken a liability claim.

Statements to insurance adjusters: What you say can be used against you. Even casual remarks like “I didn’t see them” may be twisted into an admission of fault.
Social media posts: Photos or comments about your accident can undermine your personal injury case if insurers argue they show you aren’t as injured as claimed.
Incomplete medical care: Missing follow-up appointments or delaying treatment can make it harder to connect your injuries directly to the accident.
Not collecting evidence at the scene: If you’re able, failing to take photos of vehicle damage, road conditions, or visible injuries can leave gaps in your claim later.
Ignoring witness information: Without names and contact details from eyewitnesses, you may lose valuable testimony that supports your version of events.
Delaying legal guidance: Waiting too long to contact a lawyer in a car accident can give insurance adjusters more time to build a case against you.

By being aware of these issues, you protect your ability to pursue compensation and strengthen your liability claim. Even when handled carefully, however, liability is not determined overnight.

Just as important as knowing what to avoid is knowing what steps to take after a collision. These actions can help protect your health and strengthen your claim.

How Long It Takes to Determine Liability

The time it takes to establish liability after a Phoenix car accident depends on the complexity of the case. In straightforward collisions where fault is clear, liability may be determined within weeks. However, in more complex situations involving multiple vehicles, commercial trucks, or disputed injuries, the process can take months or even longer.

Insurance companies may extend this timeline by disputing evidence, requesting additional documentation, or waiting until medical treatment is complete. While this can be frustrating for accident victims, building a strong case often requires patience to make sure that each of the damages are fully documented before settlement.

Knowing what to expect in terms of timing can help you prepare financially and emotionally as your case progresses. It’s also important to remember that Arizona has a statute of limitations for personal injury cases. Under A.R.S. § 12-542, you generally have two years from the date of the accident to file a lawsuit.

Because liability and timing go hand in hand, taking action early gives you a stronger position and protects your ability to recover compensation. That’s why hiring car accident attorneys who know how to prove liability can strengthen your position when pursuing compensation.

Flynn Greathouse: Standing Up for Phoenix Car Accident Victims

One moment you’re going about your day, and the next you’re facing the fallout of a serious car crash. Medical bills start showing up, time away from work adds financial pressure, and dealing with insurance adjusters can be frustrating when all you want to do is focus on healing. On top of that, liability disputes can slow everything down and make it harder to move forward.

At Flynn Greathouse, we understand what you’re going through. Our Phoenix car accident attorneys focus exclusively on motor vehicle accidents. We investigate what happened, gather the evidence needed to prove liability, and deal directly with the insurance company so you don’t have to carry that burden. Clients often tell us the process felt easier because we connected them with trusted medical providers and managed the details that would have otherwise weighed them down.

If you’ve been searching for a “personal injury lawyer near me” after a Phoenix car accident, truck accident, or motorcycle crash, our law firm can pursue compensation for your medical expenses, lost wages, and long-term care. Call or contact us online to schedule your free virtual consultation.

We’ll handle the legal side while you focus on moving forward.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Flynn Greathouse
2 N Central Ave, Suite 1844
Phoenix, AZ 85004

http://mycaraccidentattorneys.com/