What Is a “Tort” and How Does It Apply to Arizona Car Accident Claims?
If you’ve been injured in a car accident in Tempe, you’ve probably heard the word “tort” thrown around by lawyers, adjusters, or even court documents. But what exactly is a tort — and why does it matter for your case?
In plain terms, a tort is a civil wrong. When someone’s actions (or failure to act) cause you harm, the law allows you to seek compensation through a tort claim. Most car accident lawsuits in Arizona are based on the tort of negligence — but other torts may also apply, depending on the facts.
Whether your crash happened in Downtown Tempe or a residential stretch of Meyer Park, a local Tempe accident lawyer can help you build a tort claim that holds the at-fault driver accountable.
The Legal Definition of a “Tort”
A tort is a legal cause of action for harm done to someone — whether physical, emotional, financial, or reputational. It’s not criminal, though a single act (like drunk driving) may lead to both criminal charges and a tort lawsuit.
Torts allow victims to recover damages from the person or party who caused the harm. In Arizona, the most common torts in car accident cases include:
Negligence (careless driving)
Negligence per se (breaking a safety law like DUI or speeding)
Intentional torts (road rage or assault)
Wrongful death (when the crash results in a fatality)
How Negligence Works as a Tort in Arizona Car Accidents
Negligence is the core legal theory behind most Tempe auto accident claims. To win a negligence case, you must prove:
The other driver owed you a duty of care
They breached that duty
Their breach caused your injuries
You suffered damages (medical bills, lost income, pain and suffering)
Let’s say a driver runs a stop sign near South Tempe and hits your vehicle. A reasonable driver would stop. That failure is a breach of duty, and if it causes your injury, it forms the basis of a tort claim.
Torts Aren’t Just for Drivers
Tort liability may also apply to:
Vehicle owners who negligently entrust their car to someone
Employers if the driver was working at the time (respondeat superior)
Rideshare companies in Uber or Lyft accidents
Manufacturers if a defective part contributed to the crash
Government agencies for negligent road design or maintenance
In more complex cases, like rollover accidents or paralysis injuries, your lawyer may investigate multiple parties for potential tort liability.
Intentional Torts in Arizona Crash Cases
Most torts are based on negligence — but not all.
If a driver intentionally caused a crash (e.g., out of road rage or retaliation), that may trigger a claim for an intentional tort such as assault, battery, or intentional infliction of emotional distress.
In Tempe, these cases often involve:
Aggressive tailgating
Deliberate lane cutting or ramming
Threats made during or after the crash
Even if the driver faces criminal charges, you can still file a tort claim to recover compensation for your injuries.
Wrongful Death as a Tort in Fatal Crashes
If a loved one was killed in a Tempe car accident, their survivors may bring a wrongful death claim — a tort that allows family members to recover for:
Funeral expenses
Medical bills prior to death
Lost financial support
Loss of companionship
This applies in fatal crashes caused by drunk driving, speeding, or reckless acts in areas like North Tempe or Holdeman.
Why Torts Matter for Settlement and Lawsuits
Understanding that your case is based on tort law gives you leverage in negotiations and trial. It clarifies your legal rights and sets the bar for what the insurance company owes you.
In cases involving:
… knowing which torts apply helps you demand the full value of your claim — not just a lowball offer for medical bills.
Final Thought
In Arizona, tort law is the legal framework that gives car crash victims the right to recover. Whether your case involves negligence, recklessness, or an intentional act, your ability to get compensation depends on understanding and proving the tort theory behind your claim.
Don’t just tell the insurer you’re hurt — show them the law is on your side.
