Arizona Comparative Negligence Law: Can You Still Win If Partially at Fault?
Many accident victims believe that if they were even slightly at fault, they can’t recover compensation. This is false. Arizona follows a “pure comparative negligence” rule, which means you can still recover damages even if you were 99% at fault—though your compensation will be reduced by your percentage of fault.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that allocates fault between parties in an accident. Under Arizona law (A.R.S. § 12-2505), your compensation is reduced by your percentage of fault, but you’re not barred from recovery entirely.
How It Works: Real Examples
Example 1: 20% at Fault
You’re in a car accident. Total damages: $100,000. The jury finds you were 20% at fault (you were speeding slightly) and the other driver was 80% at fault (ran a red light). You recover: $100,000 × 80% = $80,000.
Example 2: 50% at Fault
You slip and fall in a store. Total damages: $50,000. The jury finds you were 50% at fault (you were texting and not watching where you walked) and the store was 50% at fault (wet floor with no warning sign). You recover: $50,000 × 50% = $25,000.
Arizona vs. Other States
Arizona’s “pure” comparative negligence is more favorable to injury victims than many other states:
- Modified Comparative Negligence States: If you’re 50% or 51% at fault, you recover nothing
- Contributory Negligence States: If you’re even 1% at fault, you recover nothing
- Arizona (Pure Comparative Negligence): You can recover even if 99% at fault
How Fault Is Determined
Fault is determined by:
- Police reports: Officer’s determination of fault
- Witness testimony: What others saw
- Physical evidence: Skid marks, damage patterns, debris
- Traffic laws: Who violated right-of-way, speed limits, etc.
- Expert testimony: Accident reconstructionists
- Video footage: Surveillance cameras, dashcams
⚠️ Insurance Companies Will Exaggerate Your Fault
Insurance adjusters know that increasing your fault percentage reduces their payout. They’ll claim you were speeding, distracted, or violated traffic laws—even without evidence. Don’t let them blame you. An experienced lawyer will fight to minimize your fault percentage.
Common Scenarios Where Fault Is Shared
- Rear-end collisions: You stopped suddenly, but the other driver was following too closely
- Intersection accidents: Both drivers claim they had the green light
- Lane change accidents: You changed lanes, but the other driver was speeding in your blind spot
- Slip and fall: You were distracted, but the property owner failed to warn of a hazard
- Dog bites: You provoked the dog, but the owner failed to control it
Why You Need a Lawyer
Comparative negligence cases require strong evidence and aggressive advocacy. At Shapiro Injury Law, we investigate your accident thoroughly, gather evidence to minimize your fault, and fight insurance companies who try to blame you. Even if you think you were partially at fault, you may still have a valuable claim.
Were You Partially at Fault? You Can Still Win.
Free consultation. We’ll evaluate your case and fight to minimize your fault percentage.