Personal Injury Lawyers, Gilbert, AZ

Determining Fault in Car Accidents in Arizona

The Anti-Lawyer Lawyer will stand up for your legal rights

If you’ve been hurt in a car accident, life can get much more difficult. You’re in pain and need medical treatment. You may not be able to work or take part in your usual activities. Medical bills are adding up fast and you’re not sure how you’re going to pay them. If a negligent driver caused your accident, you deserve financial compensation.

But recovering compensation is complicated. Insurance companies will try to pay you as little as possible. One tactic they use is to try to blame you for being at least partially responsible for what happened. That’s why you need an experienced Arizona car accident lawyer in your corner. Attorney Byron Browne of Browne Law Group can help.

Arizona is a “fault” state. That means that in general, the driver considered at fault for causing the accident is responsible for paying damages (usually through their insurance company).

Under Arizona’s comparative negligence system, you can still recover compensation if you are found partially responsible. However, your compensation will be reduced by your percentage of fault. For example, if you suffered $100,000 in damages in a car accident but were found to be 50% at fault, you would only receive $50,000.

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A lawyer who will fight back against the insurance companies

Attorney Byron Browne knows how insurance companies operate after a crash. They are looking for ways to minimize your claim, and putting some of the blame on you is a way they can save money. That’s why determining fault in a car accident is so important. And it’s why our legal team investigates your crash to get the facts. We review:

Physical evidence

Examples may include vehicle damage, skid marks, debris on the road – such as shattered glass or tire pieces – as well as damaged property.

Photos and video

If you are able to do so, take plenty of photos and video of the accident scene after your crash. Document the damage to each vehicle. Take photos or video of the collision from different angles and distances. Also take photos of any nearby traffic signals or signs, landmarks, and any visible injuries you have.

Your accident report

If either local or state police were called to the accident scene, the responding officers will conduct an initial investigation of the crash. Their findings will be included in an official Arizona crash report. This report will have information that could be valuable to your claim, such as the officer’s account of how the crash happened and whether the other driver was cited for any infractions that could be evidence of negligence.

Witness statements

Our firm identifies witnesses to your accident and then asks them questions during depositions. They may have seen the other driver speeding through a red light or looking at a phone moments before the collision.

Surveillance camera footage

We can review any video from traffic cameras, security cameras at nearby homes or businesses, and even dashboard cameras. This video may have captured the other driver acting negligently.

Cellphone records

Whenever anyone uses a phone to talk, text, or use the Internet, there’s a record of it. We take legal action to gain access to these records from the other driver’s cell phone provider. This can help us determine if the phone was in use just before the crash.


If we think driving under the influence of alcohol was a factor in the crash, we may be able to identify the bar or restaurant where the driver was drinking and hold them accountable.

Medical records

These records can help us determine the extent of the injuries you suffered. But they may also be able to help us prove negligence when compared to other evidence.

A car accident lawyer who takes a no B.S. approach

Insurance companies will also use other tactics to try to minimize compensation. They may question the seriousness of your injuries or argue that they were pre-existing. They often make lowball settlement offers that don’t come close to covering your damages. When insurance companies fight your claim, Attorney Byron Browne fights back.

He builds strong cases and demands the compensation you deserve. This includes compensation for all current and future medical expenses related to your injuries, lost wages if you were unable to work, and other damages such as pain and suffering. Byron Browne is not afraid to take a tough stance in negotiations until he reaches a settlement that works for you.

If you were injured in a car accident in Gilbert or anywhere in Maricopa County, learn more about how we can help. Contact us to schedule a free consultation.

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