Being injured in a car crash, slip and fall, or other accident in Tempe can be overwhelming—especially if you think you might be partially at fault. You may wonder, “Can I still get compensation?” or “Will the insurance company deny my claim?”
The good news is that Arizona law allows injured people to recover damages even if they were partly to blame—but the amount you receive may be reduced based on your share of fault. At Valley Injury Law, we help injury victims throughout Tempe, Phoenix, Arcadia, Paradise Valley, Desert Ridge, and Scottsdale understand their rights under Arizona’s comparative negligence laws.
Here’s what you need to know if you were partly at fault in a Tempe accident.
Arizona Follows a Pure Comparative Negligence Rule
Under Arizona Revised Statutes § 12-2505, the state uses a pure comparative negligence system. This means:
- You can recover compensation even if you were up to 99% at fault
- Your compensation is reduced by your percentage of fault
Example:
If your damages total $100,000 and you were found 25% at fault, your compensation would be reduced by 25%, and you would receive $75,000.
This rule applies to all types of personal injury claims in Arizona, including:
- Car accidents
- Truck crashes
- Motorcycle accidents
- Pedestrian and bicycle collisions
- Slip and fall injuries
- Premises liability cases
How Is Fault Determined in a Tempe Accident?
Fault isn’t always clear-cut. Insurance adjusters, police officers, witnesses, and attorneys all weigh in when determining who caused the accident and to what degree. Factors they may consider include:
- Police and crash reports
- Video footage or dash cams
- Witness statements
- Traffic laws and violations
- Cell phone records or distracted driving evidence
- Maintenance records or property conditions
Because fault affects how much compensation you receive, insurance companies often try to shift more blame onto you—even when it’s unfair.
This is why working with a trusted personal injury lawyer is so important.
Common Scenarios Where Fault Is Shared
Partial fault is more common than people realize. Here are a few examples where both parties might share responsibility:
- Rear-end collision: You slowed suddenly, but the other driver was following too closely
- Slip and fall: You didn’t see the caution sign, but the floor was unreasonably wet or poorly lit
- Intersection crash: You had the right of way, but were speeding at the time
- Pedestrian accident: You crossed outside a crosswalk, but the driver was texting
In these cases, you may still recover damages—as long as the other party holds some level of responsibility.
What If the Insurance Company Says You Were at Fault?
Insurance companies often assign partial blame to reduce payouts. Don’t accept their decision without getting legal advice first. Their findings are not final, and with the right evidence, your attorney can challenge unfair fault assessments.
At Valley Injury Law, we:
- Investigate the accident independently
- Work with reconstruction experts if needed
- Review photos, video, and witness statements
- Fight back against biased or inaccurate claims
- Maximize your compensation, even if you share fault
How a Lawyer Can Help You Minimize Fault
Even if you believe you were partly to blame, don’t assume the insurance company’s evaluation is accurate. An experienced personal injury attorney can often:
- Show that your role was less significant than claimed
- Prove the other party was mostly or entirely at fault
- Use medical records, expert opinions, and legal strategy to reduce your percentage of fault
- Prevent you from making statements that could be used against you
We know how Tempe insurance companies work—and we know how to protect your rights.
FAQs About Shared Fault in Arizona Accidents
Can I still file a claim if I was partially at fault?
Yes. Arizona’s pure comparative negligence law allows you to file a claim even if you were mostly at fault. Your compensation is simply reduced based on your share of responsibility.
What if the other driver and I were equally at fault?
You can still recover 50% of your damages. The court or insurance adjuster will assign a percentage of fault to each party and adjust compensation accordingly.
How do I know if I’m actually at fault?
It depends on the evidence. Don’t rely solely on what the insurance adjuster tells you. A personal injury lawyer can review your case and give you a clear, honest evaluation.
Injured in a Tempe Accident and Worried About Fault?
Don’t assume you have no case just because you made a mistake or share some blame. Arizona law protects your right to compensation—even if you weren’t perfect. At Valley Injury Law, we’ll review your case for free and help you understand your options.
Call today at (480) 490-9535 to schedule your free consultation!