How Comparative Negligence Works in Arizona Injury Cases

Introduction

Car accidents and personal injury cases aren’t always clear-cut. Sometimes, more than one person is at fault. Arizona follows a legal rule called comparative negligence, which determines how compensation is awarded when both the injured person and the other party share some responsibility. Understanding this rule is critical if you’ve been injured in an Arizona accident.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that reduces the compensation an injured party can recover based on their percentage of fault. Instead of barring recovery altogether, it assigns responsibility proportionally.

Example: If you’re found 20% at fault for a car crash, and your damages are $100,000, you can still recover $80,000.

Arizona’s Pure Comparative Negligence Rule

Arizona uses the pure comparative negligence standard under A.R.S. § 12-2505. This means:

• You can recover damages even if you were 99% at fault.
• Your recovery is simply reduced by your percentage of responsibility.

This differs from some states that follow a modified rule and bar recovery if you’re more than 50% at fault.

How Fault Is Determined

Fault is usually determined by:

• Police reports and traffic citations
• Witness testimony
• Accident reconstruction experts
• Medical evidence showing timing and severity of injuries

Ultimately, a judge or jury may assign percentages of fault if the case goes to trial. In settlements, insurance adjusters often argue comparative fault to reduce payout amounts.

Common Scenarios Involving Comparative Negligence

• Car Accidents: One driver was speeding, but the other ran a stop sign.
• Slip and Fall: A store left a wet floor unmarked, but the injured person was texting and not looking.
• Bicycle/Vehicle Collisions: The cyclist failed to use lights at night, while the driver was distracted.

In each case, both sides may bear part of the blame.

Why It Matters for Injury Victims

Comparative negligence directly affects the value of your case. Insurance companies often use it to argue you deserve less compensation. Having an experienced personal injury lawyer ensures that:

• Fault is investigated fairly.
• Evidence is gathered to minimize your share of fault.
• You receive the maximum possible recovery.

Conclusion

If you’ve been injured in an Arizona accident, don’t let the insurance company unfairly shift blame onto you. Arizona’s comparative negligence laws allow you to recover compensation even if you shared some fault.

At Arsenal Law, we fight to protect your rights and maximize your recovery. Call us today at 480-582-5228 or book a consultation online to discuss your case.