After a car accident, slip and fall, or other injury incident, one of the most common questions Arizona victims have is: “Can I still recover compensation if I was partially at fault?” The short answer is yes — thanks to Arizona’s comparative negligence laws.
At Valley Injury Law, we help clients throughout Phoenix, Scottsdale, Paradise Valley, Arcadia, Desert Ridge, and surrounding communities understand their rights under Arizona law and recover fair compensation, even when fault is shared.
Understanding Comparative Negligence in Arizona
Under Arizona Revised Statutes § 12-2505, the state follows a pure comparative negligence system. This rule allows injury victims to recover compensation even if they were partially responsible for the accident.
However, your total recovery is reduced by your percentage of fault. For example:
- If you were awarded $100,000 but found 20% at fault, you can still recover $80,000.
- If you were 60% at fault, you could still receive $40,000.
Unlike many other states that bar recovery if you’re 50% or more responsible, Arizona’s pure comparative negligence system allows you to recover damages even if you’re mostly at fault — as long as another party shares some of the blame.
How Fault Is Determined in Arizona Injury Cases
In most personal injury claims, determining fault is one of the most critical and contested issues. Insurance companies, police reports, witnesses, and expert testimony all play a role.
Common ways fault is determined include:
- Police and accident reports: These often contain key details about how the accident occurred.
- Eyewitness statements: Neutral witnesses can help clarify who was responsible.
- Photos, videos, or dashcam footage: Visual evidence helps show how the incident happened.
- Expert analysis: Accident reconstruction specialists may provide technical insights in complex cases.
Because fault directly affects how much money you receive, having an experienced Arizona injury attorney on your side is crucial to minimizing your share of blame.
Real-Life Examples of Partial Fault in Arizona
Here are a few common scenarios where comparative negligence might apply:
- Car Accident: You’re rear-ended on Loop 101 but your brake lights weren’t working. A court finds you 10% at fault and the other driver 90%. You still recover 90% of your damages.
- Slip and Fall: You slip in a Scottsdale grocery store on a wet floor but were texting while walking. You’re found 25% at fault and can still collect 75% of your damages.
- Pedestrian Accident: You cross outside a marked crosswalk while a driver is speeding. You’re 40% at fault but can still recover 60% of your claim.
Even when fault is shared, you still have rights under Arizona law — and a skilled attorney can help ensure you don’t shoulder more blame than necessary.
How Insurance Companies Use Fault Against You
Insurance adjusters often try to exaggerate your share of fault to reduce what they owe. They might claim:
- You weren’t paying attention at the time of the accident.
- Your injuries weren’t caused entirely by the crash.
- You ignored safety warnings or contributed to the incident.
At Valley Injury Law, we know these tactics — and we push back with strong evidence and negotiation. Our goal is to make sure you receive the full compensation you deserve, not a reduced offer based on unfair fault claims.
What to Do If You Might Share Fault
If you think you may be partially responsible for an accident, don’t assume you can’t file a claim. Instead:
- Avoid admitting fault at the scene or to the insurance company.
- Gather evidence such as photos, witness contact information, and police reports.
- Get medical treatment right away to document your injuries.
- Consult a personal injury attorney as soon as possible.
Your attorney can evaluate your case, determine fault accurately, and protect your right to compensation.
Why Choose Valley Injury Law
When you’re dealing with a complex issue like shared fault, experience matters. At Valley Injury Law, we:
- Investigate every detail of your case
- Gather and preserve critical evidence
- Work with accident reconstruction experts
- Negotiate aggressively with insurance companies
- Take cases to trial when necessary
We proudly serve clients across Phoenix, Scottsdale, Paradise Valley, Arcadia, Desert Ridge, and surrounding Arizona communities — helping injury victims stand up to insurers and recover what they’re owed.
Don’t Let Partial Fault Stop You — Call Valley Injury Law Today
Even if you were partly to blame for your accident, you may still be entitled to significant compensation under Arizona’s comparative negligence laws. The key is acting quickly and getting experienced legal help.
Let our team guide you through every step of the process and fight for the best possible outcome.
Call today at (480) 490-9535 to schedule your free consultation!