When someone is injured in an accident, one of the first questions they ask is: Who was at fault? In Arizona, the answer isn’t always black and white. That’s because our state follows a comparative negligence system, which means fault can be shared between multiple parties.
Understanding how this works is key to knowing what compensation you may be entitled to after an accident.
What Is Comparative Negligence?
Comparative negligence is a legal concept that allows responsibility for an accident to be divided among everyone involved. Instead of one person being entirely to blame, each party is assigned a percentage of fault.
Arizona uses a pure comparative negligence system. That means you can still recover compensation even if you were 90% at fault—but your recovery is reduced by your percentage of fault.
Example of Comparative Negligence
Imagine you’re driving slightly over the speed limit when another driver runs a red light and crashes into you. The court may decide:
- The other driver is 80% at fault for running the red light.
- You are 20% at fault for speeding.
If your damages total $100,000, you could still recover $80,000 ($100,000 minus 20%).
Why It Matters in Personal Injury Cases
Insurance Companies Use It Against You
Adjusters often try to push more fault onto victims to reduce payouts.
Your Compensation May Be Lowered
Even a small percentage of fault can significantly reduce the amount you receive.
Legal Representation Can Help Minimize Your Share of Fault
An experienced attorney can gather evidence, witness statements, and expert testimony to fight back against inflated fault claims.
How Fault Is Determined
Fault can be based on:
- Police reports
- Eyewitness accounts
- Traffic camera or surveillance footage
- Accident reconstruction experts
- Medical records showing timing and severity of injuries
Final Thoughts
Comparative negligence makes personal injury cases in Arizona more complex—but it also ensures that injured victims aren’t denied compensation just because they share some responsibility.
If you’ve been injured in an accident, contact our office today to learn how we can help protect your rights and maximize your recovery.
