Understanding Arizona’s Comparative Negligence Rule
If you were involved in an accident and believe you might share some of the blame, you may still be wondering if you can pursue compensation. In Arizona, the short answer is yes, you can still file apersonal injury claim even if you were partially at fault, thanks to the state’s comparative negligence law. This rule ensures that accident victims are not automatically disqualified from seeking compensation simply because they made an error before the crash.
How Comparative Negligence Works in Arizona
Arizona follows a pure comparative negligence system. This means that each party involved in an accident is assigned a percentage of fault, and your compensation is reduced by your share of that fault. For instance, if you were 20 percent responsible for an accident and your total damages are valued at $100,000, you could still recover $80,000. Even if you were 90 percent at fault, you could technically still seek 10 percent of the total damages. This system ensures fairness, allowing every party to be accountable only for their share of negligence.
Why Determining Fault Matters
The percentage of fault directly affects the amount of compensation you can recover for medical bills, lost wages, and pain and suffering. Insurance companies often attempt to increase your level of fault to reduce payouts. That’s why having an experienced Tucson personal injury attorney is crucial. A lawyer can investigate the facts, preserve vital evidence, and ensure that your rights are protected during negotiations or trial.
Common Situations Where Partial Fault Applies
A partial fault is common in car accidents, where both drivers may have made minor mistakes. It also applies toslip-and-fall incidents in which the injured person may have ignored a warning sign, dog animal bite cases in which the victim may have provoked the animal, and workplace accidents in which safety protocols were not strictly followed. Even in these cases, Arizona personal injury laws still allow you to seek damages that reflect the other party’s share of negligence.
How an Attorney Can Strengthen Your Case
A skilled personal injury lawyer in Tucson can help by collecting police reports, witness statements, and camera footage to establish the facts of your case. Attorneys also work with experts to reconstruct accident scenes, challenge exaggerated fault claims from insurance companies, and negotiate aggressively for fair compensation.
AtGrabb & Durando, our Tucson personal injury team has nearly three decades of experience helping accident victims fight for what they deserve while protecting them from unfair blame.
Frequently Asked Questions
Can I still sue if I was mostly responsible for the accident?
Yes. Under Arizona’s pure comparative negligence law, you can still recover damages, though the amount will be reduced by your percentage of fault.
Will my insurance claim be denied if I admit fault?
Not necessarily. Partial admissions do not automatically disqualify your claim. Your attorney can clarify what happened and present your case with supporting evidence.
How do insurance adjusters determine fault?
They review police reports, photos, and witness statements, but their conclusions are not always accurate. Your lawyer can challenge unfair determinations.
How long do I have to file a personal injury claim in Arizona?
Generally, you have two years from the date of the accident to file a claim. Waiting longer may result in losing your right to compensation.
What should I do if I’m not sure who was at fault?
Contact a Tucson personal injury attorney as soon as possible. A legal professional can analyze your situation, collect evidence, and determine your best course of action.
