ARS § 28-701 – FAILURE TO CONTROL THE SPEED OF A VEHICLE

One of the most common citations we see after serious automobile accidents is for ARS § 28 701. Basically, this is nothing more than a “catch-all” statute. It says that people must control the speed of their vehicle to avoid a collision. Well, anytime someone’s almost in an accident they obviously were not able to stop their vehicle before it collided with somebody else. However, it is important to recognize that while this may be upheld in a traffic ticket-type situation, 28-701 is often times not a vital part of any civil case.

For instance, the determination of the police officer as to who should get a ticket is almost never allowed into evidence in a civil case. Of course, the person who gets the ticket may have an uphill battle in terms of settlement, but the reality is that many times the statute really only matters when it comes to the traffic ticket.

This is not to downplay a traffic ticket issue, but to make clear that for a family who has had somebody involved in a very serious personal injury-causing accident, the fact that they got the ticket should not rule out finding the best possible Arizona personal injury attorney to help them look into their case. It may be that the top Arizona personal injury lawyers will investigate the claim and still explain that there is not any room to move forward. But usually, it will not be because of the traffic ticket, but because of all the evidence that is collected. At the same time, far too many people fail to receive the full compensation they deserve for their medical bills and wage loss because they were intimidated because they were simply given a traffic ticket. Traffic tickets are not admissible in Arizona personal injury cases almost all of the time.

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