Can I Sue the Other Driver If I Was Injured in a Car Accident While Driving for Work?

Yes, if you’re injured in a car accident while driving for work in Arizona, you have the right to sue the at-fault driver for damages. This legal action is separate from any workers’ compensation benefits you may receive from your employer.

Recent Case in Phoenix

In December 2023, a serious collision occurred at 35th Avenue and McDowell Road in Phoenix. A 31-year-old driver ran a red light, colliding with a car occupied by two adults and three juveniles. One juvenile sustained serious injuries. The at-fault driver was arrested for aggravated assault and endangerment. This incident underscores the importance of holding negligent drivers accountable, especially when their actions cause harm to others. Source

Arizona Law and Your Rights

Under Arizona law, if you’re injured in a work-related car accident due to another driver’s negligence, you can pursue a personal injury lawsuit against that driver. This is known as a third-party claim. Importantly, this claim is in addition to any workers’ compensation benefits you may receive. Workers’ compensation covers medical expenses and a portion of lost wages, but it doesn’t compensate for pain and suffering or full wage loss. A third-party claim allows you to seek these additional damages.

Statute of Limitations

In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident (A.R.S. § 12-542). However, if you’re receiving workers’ compensation, different timelines may apply. It’s crucial to consult with an attorney promptly to ensure all claims are filed within the appropriate timeframes.

What To Do Next

If you’ve been injured in a work-related car accident, it’s essential to take the following steps:

1. Seek immediate medical attention.

2. Report the accident to your employer.

3. Document all details of the accident and your injuries.

4. Consult with an experienced personal injury attorney to explore your legal options.

At Hirsch Talcott, our personal injury attorneys have extensive experience handling work-related car accident cases. Attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, are dedicated to advocating for injured individuals in Phoenix and throughout Arizona.

We operate on a contingency fee basis, meaning you pay no fees unless we win your case. For more details, visit our fee structure.

Don’t navigate this complex legal landscape alone. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve.