If you’ve been in a car accident in Arizona, one of the first questions that comes up is: “What if I was partly to blame, can I still get compensated?”
The good news is, Arizona comparative negligence laws are designed to make sure you can still recover money for your injuries, even if you share some of the fault.
Understanding how this works can take a lot of the mystery (and stress) out of the process. Let’s walk through what comparative negligence means, how it affects your case, and what to expect when you work with a personal injury attorney.
What Is Arizona Comparative Negligence?
Arizona comparative negligence—also called pure comparative fault—means that if more than one person is responsible for an accident, each party’s level of fault is assigned as a percentage.
Here’s how it works:
- If you are found 20% at fault, and your total damages are $100,000, you can still recover $80,000.
- Even if you are 90% at fault, you could still recover 10% of your damages ($10,000).
This law is outlined under A.R.S. §12-2505, and it’s one of the reasons why having a knowledgeable personal injury attorney matters. Your lawyer’s job is to minimize your percentage of fault and maximize your recovery.
(You can read more about Arizona’s negligence law on the Arizona State Legislature’s website.)
How Fault Is Determined After an Accident
Determining fault isn’t always straightforward. Insurance companies and investigators look at multiple pieces of evidence to decide who is responsible and by how much.
Some of the most common factors include:
- Police reports: These provide an official account of what happened.
- Witness statements: People who saw the crash can confirm key details.
- Photos and videos: Visual proof of damage, skid marks, and road conditions.
- Traffic laws: Whether someone violated a traffic rule or signal.
Your attorney will collect and analyze this evidence to build a strong case in your favor, especially if the insurance company tries to shift more blame onto you.
The Role of Your Attorney in a Comparative Negligence Case
When you work with Catastrophic Injury Attorneys, we don’t just take your word for it, we investigate every angle to prove what really happened. Here’s what the process typically looks like:
- Free Consultation: We review your accident details, injuries, and any police or insurance reports you have.
- Case Investigation: Our team gathers evidence, speaks with witnesses, and reviews any footage or documents.
- Fault Assessment: We determine how Arizona comparative negligence might apply to your case.
- Negotiation: We handle the insurance companies for you, making sure your side is fully represented.
- Settlement or Trial: Most cases settle out of court, but we’re ready to take it to trial if that’s what’s needed for full justice.
Throughout this process, you’ll always know where your case stands. We keep communication clear, so you’re never left wondering what’s next.
Common Scenarios Where Partial Fault Comes Into Play
Comparative negligence often applies in everyday accidents where both parties made mistakes. Some examples include:
- Car accidents: One driver speeds while the other runs a red light.
- Slip and falls: A store fails to clean a spill, but the injured person was distracted on their phone.
- Pedestrian accidents: A driver fails to yield, but the pedestrian crosses outside of a crosswalk.
In all of these cases, you might share some fault, but that doesn’t mean you lose your right to compensation.
What to Expect From the Insurance Company
Insurance adjusters know Arizona follows a comparative negligence rule and they often use it to their advantage.
Their goal is to increase your percentage of fault so they can pay you less. That’s why it’s important not to give recorded statements or accept quick settlements before speaking to an attorney.
An experienced legal team will:
- Review your claim before you sign anything
- Handle all communication with insurance adjusters
- Protect you from tactics that could reduce your payout
You deserve someone who knows how to fight back against these strategies.
How Arizona’s Comparative Negligence Affects Compensation
Here’s a quick breakdown of how compensation is calculated under Arizona comparative negligence:
| Your Total Damages | Your Fault Percentage | What You Can Still Recover |
|---|---|---|
| $100,000 | 0% | $100,000 |
| $100,000 | 20% | $80,000 |
| $100,000 | 50% | $50,000 |
| $100,000 | 80% | $20,000 |
Even if you share a large portion of fault, you’re not disqualified from seeking damages. That’s what makes Arizona’s law different from many other states.
Why Having an Attorney Makes a Difference
Navigating fault percentages and insurance arguments on your own can be overwhelming. A personal injury attorney can:
- Interpret Arizona’s laws and how they apply to your case
- Negotiate strategically to reduce your assigned fault
- Calculate your damages accurately, including medical bills, lost wages, and pain and suffering
- Take your case to court if necessary to secure the compensation you deserve
At Catastrophic Injury Attorneys, we believe you shouldn’t have to fight this battle alone, especially while you’re trying to recover physically and emotionally.
Take the Next Step Toward Recovery
If you’ve been injured in an accident and aren’t sure how your level of fault affects your case, talk to a local Arizona personal injury attorney as soon as possible.
At Catastrophic Injury Attorneys, we’ll explain where you stand, what your options are, and how we can help you recover what’s rightfully yours.
Contact us today for a free consultation and take the first step toward getting the compensation you deserve.
