Tempe Crash Claims and the Burden of Proof: What You Actually Have to Show
You know you were injured in a car accident. You know it wasn’t your fault. But when it comes time to file a claim or take legal action, none of that is enough—unless you can prove it.
In Arizona, the person making the claim carries what’s known as the burden of proof. And that burden can feel heavier than expected—especially in Tempe, where dense traffic, limited police response, and disputed liability are all common.
This post breaks down exactly what you need to prove, how much evidence is considered “enough,” and what Tempe drivers need to know before pursuing compensation. To explore your options, visit the Tempe car accident attorney homepage anytime.
What Is the Burden of Proof in Arizona Car Accident Cases?
In civil claims like car accidents, Arizona uses a “preponderance of the evidence” standard. That means you must show it’s more likely than not—just over 50% certainty—that:
The other party was negligent, and
That negligence caused your injuries and losses
This is different from criminal cases, which require “beyond a reasonable doubt.” But that doesn’t mean it’s easy. Especially when there are no witnesses or the other driver denies fault.
What You Actually Have to Prove
Whether you're filing an insurance claim or preparing for court, you need to show:
1. The Other Driver Was Negligent
This could mean they were:
Speeding
Distracted
Running a red light
Failing to yield
Driving under the influence
In cases involving side-impact crashes at intersections, these disputes are common. See more about fault complexities on the Tempe T-bone accident page.
2. That Negligence Caused the Crash
You need a clear link between their actions and the collision. This is where:
Dash cam footage
Eyewitness statements
Police reports
Skid marks or damage patterns
...all come into play.
3. The Crash Caused Your Injuries
Insurers love to argue that your pain came from something else—a previous condition, an unrelated fall, or even stress. That’s why early and consistent medical documentation matters so much.
If you wait too long or skip follow-ups, they’ll argue the injury isn’t connected.
What if There’s No Police Report?
In Tempe, minor accidents don’t always result in a police report. But that doesn’t prevent you from making a strong claim. You just need to provide alternative forms of proof:
Photos from the scene
Mechanic estimates
Medical timelines
Your own written narrative
Surveillance or dash cam video
For more on how to structure evidence without official documentation, check out our legal resources hub.
What Happens When the Other Driver Denies It?
If the other driver claims you were at fault, it doesn’t end your claim. It just means the burden shifts to proving they were more at fault than you.
Arizona uses comparative fault, which means:
If you’re found 10% at fault, your compensation is reduced by 10%
If you’re 50% at fault, you still get 50% of damages
Only if you’re 100% responsible do you get nothing
The az.gov portal explains how this doctrine works across various claim types, including traffic accidents.
When There's No Insurance—The Burden Gets Heavier
Uninsured driver crashes are some of the most complicated claims to prove. You’re often relying on:
UM/UIM coverage
Minimal documentation
Driver fleeing the scene
In these cases, your ability to prove the crash even happened can come into question. We’ve outlined strategies for this situation on our Tempe uninsured driver lawyer page.
The Role of Medical Evidence
This is where many cases fall apart—not because the injury wasn’t real, but because it wasn’t well-documented. Here’s what helps:
Medical records starting within 48 hours of the crash
Consistent follow-ups
Diagnoses tied to accident timing
Imaging (X-rays, MRIs) that show objective harm
According to azcourts.gov, judges often weigh objective documentation over subjective reports when evaluating damages.
Expert Testimony: Is It Required?
Not always, but in contested cases it helps. A doctor can:
Connect your injuries to the type of crash
Explain long-term effects
Rebut insurer claims that your pain is unrelated
In higher-value cases, crash reconstruction experts may also be used to prove fault. But for many Tempe residents, expert input isn’t necessary—just solid documentation and consistency.
Do You Need to Prove Financial Loss?
Yes. Even if your injuries are obvious, you’ll still need to show how they impacted your life financially. That includes:
Hospital bills
Lost wages
Therapy and prescriptions
Property damage
Mileage to medical appointments
Save every receipt and record, no matter how small. The burden of proof includes your damages—not just who caused them.
What If You Can’t Prove Everything?
If some details are missing—say, no witnesses or photos—you’re not out of luck. You just need to build a coherent, credible story with the evidence you do have.
It’s about tipping the scale just past 50%. In some cases, that’s as simple as pairing your narrative with medical records and consistent treatment.
To structure your case and understand what you can still salvage, visit the Arizona car accident attorney page for practical steps.
Final Thoughts
Winning a car accident claim in Tempe isn’t about dramatic proof or guaranteed wins. It’s about showing enough—just enough to establish that your version of events is more likely than not.
That means credible, consistent evidence that connects your injuries to the crash and the crash to the other driver’s negligence. It also means understanding your role in gathering, organizing, and presenting that evidence.
Tempe drivers don’t have to go it alone. Start with the homepage or browse our legal resources to make sure your side of the story holds up when it matters most.
