What does non-party at fault mean in an Arizona Motorcycle Accident?
If somebody hurt you a car accident or another type of injury, you need to speak to a Phoenix injury attorney to make sure your rights are fully protected. Because what the insurance company might try to do is blame somebody else for your injuries, even though their insured is completely at fault. When the insurance company defense lawyers try to do this it is called blaming a "nonparty at fault."
Under ARS 12-2506(B) , the trier of fact, either a jury or judge, may consider the fault of someone who the plaintiff has not named as a defendant:
B. In assessing percentages of fault the trier of fact shall consider the fault of all persons who contributed to the alleged injury, death or damage to property, regardless of whether the person was, or could have been, named as a party to the suit. Negligence or fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice before trial, in accordance with requirements established by court rule, that a nonparty was wholly or partially at fault. Assessments of percentages of fault for nonparties are used only as a vehicle for accurately determining the fault of the named parties. Assessment of fault against nonparties does not subject any nonparty to liability in this or any other action, and it may not be introduced as evidence of liability in any action.
As a practical matter, what this means is if you intend to go after a defendant for injury he caused against you, you have to be sure to include everybody who can potentially be responsible. Because if you don't do that the defendant can blame somebody else and say "it wasn't my fault; you should have gone after that other guy." However, the insurance defense lawyers ability to blame somebody else, a nonparty at fault, is not unlimited. Insurance defense lawyers cannont wait indefinitely to name a nonparty at fault. They cannot wait until trial to come up with that defense. Under Rule 26 the Arizona Rules of Civil Procedure they must name a nonparty at fault within 150 days of being served with the lawsuit. Also in 38.1(b)(2), they must name the nonparty of fault in what is called "Motion to Set and Certificate of Readiness". When they name the nonparty at fault, they must also include supporting evidence like the alleged nonparty at fault's name, contact information, and reasons why they believe they are a nonparty at fault.
If it is likely or possible that an insurance defense firm will allege a nonparty at fault, one of the things a personal injury lawyer should consider is suing and serving the lawsuit about 6 months before the statute of limitations is set to expire, and notify the defense lawyers we expect strict compliance with rule 26. That way, if they name a nonparty at fault, there is still time to serve that party.
Contact a Phoenix, Arizona, Motorcycle Lawyer Today
If you are seeking legal representation or would like more information about our services, contact the law offices of Vladimir Gagic today to set up your free consultation. You can reach us at 602-955-1985, toll free at 855-843-6274 (855-THE MARINE)
