Many accident victims hesitate to pursue compensation because they believe being partially at fault disqualifies them from filing a personal injury claim. This is a common misconception. In Arizona, you can still seek compensation even if you share some responsibility for the accident.

Understanding how partial fault works is essential to protecting your rights and avoiding costly mistakes. This guide explains how Arizona law handles shared fault, how it affects compensation, and what steps to take if you believe you may be partially responsible.

What does “partially at fault” mean in a personal injury case?

Being partially at fault means your actions contributed in some way to the accident or injury. This does not mean you caused the entire incident, only that your behavior played a role.

Examples of partial fault include:

  • Speeding slightly when another driver ran a red light
  • Failing to notice a hazard while a property owner neglected maintenance
  • Not wearing a seatbelt when another driver caused the collision

In most accidents, fault is rarely all-or-nothing. Arizona law accounts for this reality.

How does Arizona’s comparative negligence law work?

Arizona follows a pure comparative negligence system. This means you can recover compensation even if you were mostly at fault. Your recovery is simply reduced by your percentage of responsibility.

For example:

  • If your damages total $100,000
  • And you are found 30 percent at fault
  • You may still recover $70,000

Even if you are 90 percent at fault, you may still recover 10 percent of your damages. There is no cutoff that automatically blocks your claim.

How is fault determined after an accident?

Fault is determined by examining evidence from the accident. Insurance companies, attorneys, and sometimes juries review multiple factors to assign percentages of responsibility.

Common sources of evidence include:

  • Police reports and citations
  • Witness statements
  • Photos, videos, and surveillance footage
  • Medical records
  • Expert accident reconstruction analysis

Insurance companies often attempt to exaggerate a victim’s share of fault to reduce payouts. This makes early documentation and legal guidance especially important.

How does being partially at fault affect compensation?

Your percentage of fault directly impacts the amount of compensation you can receive, not your right to file a claim.

Recoverable damages may include:

  • Medical expenses
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Future medical care

Even when partial fault applies, these damages remain available under Arizona law, adjusted to reflect responsibility.

Why insurance companies push partial fault arguments

Insurance adjusters frequently argue partial fault because it reduces their financial exposure. Statements made shortly after an accident, especially without legal guidance, are often used against injured parties later.

Common tactics include:

  • Requesting recorded statements
  • Asking leading questions about speed, distraction, or awareness
  • Suggesting fault before all facts are known

Once fault percentages are assigned, reversing them becomes difficult. Speaking carefully and seeking legal advice early can prevent long-term consequences.

When should you speak to a personal injury attorney?

If there is any possibility that fault could be shared, legal guidance is especially valuable. An attorney can protect your interests, counter unfair fault claims, and present evidence that minimizes your percentage of responsibility.

A consultation can help clarify:

  • Whether you still have a strong claim
  • How fault may realistically be assigned
  • What compensation may still be available

Because Grabb & Durando offers free consultations and works on a no-fee-unless-we-win basis, there is no financial risk in getting answers.

Frequently Asked Questions

Can I file a claim if I was mostly at fault?

Yes. Arizona’s pure comparative negligence law allows recovery even if you are mostly at fault, though compensation is reduced accordingly.

Will admitting partial fault automatically hurt my case?

Not necessarily, but statements made too early or without context can be misused. Fault should be determined through evidence, not casual admissions.

Does partial fault apply to slip-and-fall cases?

Yes. If both the property owner and the injured person contributed to the accident, fault may be shared and compensation adjusted.

Can insurance companies decide fault on their own?

Insurance companies assign fault initially, but their determinations are negotiable and can be challenged with evidence and legal representation.

Is it worth filing a claim if I might be partially at fault?

Often, yes. Many claims with shared fault still result in meaningful compensation, especially when injuries are serious.