If you were injured in an accident in Arizona, whether in Phoenix gridlock traffic, a Tucson intersection, a Flagstaff winter roadway, or a Mesa grocery store, understanding how fault is determined is crucial especially in a legal claim. Arizona uses a fault system known as comparative negligence, and it can ultimately determine how much compensation you can recover based on your level of responsibility for the accident.
Because Arizonaโs roads, weather conditions, and urban layouts often create complex liability scenarios, knowing how these laws work can significantly impact the outcome of your personal injury claim.
What is Comparative Negligence?
Comparative negligence is a legal rule that allocates responsibility between multiple parties when an accident occurs. Instead of blaming one person entirely, Arizona courts evaluate the actions of everyone involved, including the injured victim.
In more practical terms, comparative negligence means that your compensation can be reduced by your percentage of fault and you are never completely barred from recovering damages due to partial fault.ย
Is Arizona a Pure or Modified Comparative Negligent State?
Arizona follows pure comparative negligence under A.R.S. ยง 12-2505, and serves as one of the most plaintiff-friendly systems in the country.ย This means:
- You can recover financial compensation even if you were up to 99% at fault.
- Your recovery is simply reduced in proportion to your percentage of fault.
- Unlike modified comparative negligence states, Arizona never bars recovery based on fault percentage.
For example, if a rear-end accident happened near the Deck Park Tunnel and the injured driver was 30% at fault for causing the accident because they were distracted by something, then 30% of their awarded sum will be reduced to take account of their actions. So if the total amount of damages resulted in $90,000, the injured driver will recover $63,000.ย
Why Arizona Uses Pure Comparative Negligence
Arizona courts recognize that accidents here often involve shared responsibility, especially given that the state is known for high-speed freeway accidents on I-10, I-17, and Loop 101, and its weather-related hazards like dust storms or monsoon flooding. As such, a pure comparative negligence system ensures that injured victims can still receive compensation even when multiple factors contributed to the incident.
How is Fault Determined in an Arizona Personal Injury Case?
Determining fault in Arizona requires analyzing how each party behaved under Arizona-specific conditions, such as heavy tourist traffic, urban sprawl, and unique weather patterns.
Investigators, lawyers, insurers, and courts typically consider evidence such as police reports from local Arizona police departments, witness statements, weather conditions, and any digital video evidence.ย
In addition, having a skilled Arizona personal injury lawyer to represent you can help determine the degrees of fault and will fight to minimize your degree of fault to recover damages.
Exceptions to Arizona’s Comparative Negligence Rule
While Arizona applies pure comparative negligence most of the time, there are key exceptions under A.R.S. ยง 12-2505.ย
- Intentional Misconduct– If a defendant intentionally harms someone such as committing an assault, they cannot argue that the victim shares fault for the incident.
- Felonious Acts– A defendant engaged in felonious criminal behavior cannot reduce their liability by shifting blame.
- Strict Liability Cases– Although comparative negligence may still be considered, Arizonaโs strict liability laws such as those governing dog bites under A.R.S. 11-1025 often limit the defendantโs ability to avoid responsibility.
- Alcohol Overservice (Dram Shop Cases)– Bars, nightclubs, and restaurants in cities like Scottsdale, Tempe, and downtown Phoenix may face full responsibility if they overserve visibly intoxicated patrons who later cause injuries.
What to Do If You Were Partially Liable for an Arizona Accident?
Even if you believe you share some blame for an accident anywhere in Arizona, you can likely still recover compensation. Because insurers often try to inflate your fault percentage, it is important to take the right steps immediately and contact an experienced Arizona personal injury lawyer to help understand your rights.ย
At West Coast Trial Lawyers, our team of personal injury lawyers have decades of experience fighting for peopleโs rights and are committed to giving accident victims the legal representation they need. With over $1.7 billion in financial compensation recovered for our clients, we will continue to do our duty and watch out for our clientโs best interest at heart.ย
Call us today at (213) 927 3700 or fill out our online contact form for a free case consultation!
