Understanding Arizona’s Pure Comparative Negligence Law and How It Affects Your Compensation
After a car accident, one of the most stressful things you can hear is: “You were partially at fault.” Many people assume that if they share any blame, they cannot recover compensation. In Arizona, that is not true.
If you were involved in a crash in Scottsdale, Lake Havasu City, or anywhere in Arizona, understanding how partial fault works is critical to protecting your financial recovery.
Arizona Follows a Pure Comparative Negligence Rule
Arizona uses what is called a pure comparative negligence system in personal injury cases.
This means:
- You can still recover compensation even if you were partially at fault.
- Your compensation is reduced by your percentage of fault.
- Even if you were 90% responsible, you may still recover 10% of your damages.
This system is designed to allocate responsibility fairly—but insurance companies often try to use it to reduce payouts in Arizona accident claims.
How Comparative Fault Reduces Your Compensation
Let’s look at a simplified example.
If your total damages (medical bills, lost wages, pain and suffering) equal $100,000 and:
- You are found 20% at fault
- The other driver is 80% at fault
Your compensation would be reduced by 20%.
In that case, you would recover $80,000 instead of $100,000.
The higher your percentage of fault, the lower your recovery. This is why fault disputes are one of the most important parts of any Arizona personal injury case.
Common Situations Where Fault Is Shared
Partial fault is common in many types of accidents throughout Maricopa County and Mohave County.
Car Accidents
- One driver was speeding while the other failed to signal.
- Both drivers entered an intersection too quickly.
- A rear-end collision where the lead driver stopped abruptly.
Slip and Fall Cases
- A property owner failed to fix a hazard.
- The injured person was distracted or not watching where they were walking.
Motorcycle or Pedestrian Accidents
- A driver failed to yield.
- The pedestrian crossed outside of a marked crosswalk.
Insurance companies frequently argue shared fault to limit how much they have to pay.
Who Decides Fault in an Arizona Accident Case?
Fault may be determined by:
- Insurance adjusters during the claims process
- Attorneys negotiating a settlement
- A judge or jury if the case goes to trial
Evidence plays a major role, including:
- Police reports
- Witness statements
- Surveillance footage
- Vehicle damage analysis
- Accident reconstruction experts
In Maricopa County and Mohave County courts, juries are instructed to assign a percentage of fault to each party involved.
Why Insurance Companies Push Partial Fault
Insurance carriers often try to:
- Shift more blame onto you
- Exaggerate minor driving errors
- Use recorded statements against you
- Downplay the other driver’s negligence
Even a small increase in your assigned fault percentage can significantly reduce your settlement.
For example, increasing your fault from 10% to 30% in a $200,000 case could cost you $40,000.
What If You Were Mostly at Fault?
Under Arizona’s pure comparative negligence law:
- You can recover damages even if you are more than 50% responsible.
- There is no percentage cutoff.
This is different from many other states that bar recovery if you are more than 50% at fault.
However, when fault percentages are high, insurance companies are more likely to fight aggressively to avoid paying substantial damages.
Steps to Protect Yourself If Fault Is Disputed
If you believe you may share some responsibility, it is important to:
- Avoid admitting fault at the scene.
- Do not give recorded statements without legal guidance.
- Preserve evidence, including photos and witness information.
- Seek medical treatment promptly.
- Speak with an experienced Arizona personal injury attorney.
The earlier you involve legal counsel, the better your chances of preventing unfair fault allocation.
How This Impacts Accident Victims in Scottsdale and Lake Havasu City
Accidents in high-traffic areas of Scottsdale or along Highway 95 in Lake Havasu City often involve conflicting accounts of what happened. In these cases, fault is rarely clear-cut.
Local courts and insurance adjusters will examine:
- Traffic patterns
- Road conditions
- Local ordinances
- Prior driving history
Having a legal team familiar with Maricopa County and Mohave County procedures can make a significant difference in the outcome of your case.
Can You Still Recover Medical Bills and Lost Wages?
Yes. If you are partially at fault, you can still pursue compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
Your final award will simply be reduced according to your assigned percentage of responsibility.
Don’t Assume You Don’t Have a Case
Many accident victims make the mistake of thinking:
“I was partly responsible, so I don’t have a claim.”
In Arizona, that assumption can cost you significant compensation. Even if you believe you made a mistake, the other party may still bear the majority of the legal responsibility.
Speak With an Arizona Personal Injury Lawyer Today
If you’ve been told you were partially at fault for an accident in Scottsdale, Lake Havasu City, or anywhere in Arizona, do not assume your case is over.
An experienced personal injury attorney can:
- Investigate the accident
- Challenge unfair fault assessments
- Negotiate with insurance companies
- Fight for maximum compensation
Contact Rideout Law Group today for a confidential case evaluation and learn how Arizona’s comparative negligence law applies to your situation.
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.