Getting injured in an accident is stressful enough—things get even more confusing when you’re told the accident was partially your fault. The good news? Arizona’s comparative negligence laws still allow you to recover compensation, even if you share some of the blame. Whether it’s a motor vehicle crash or a slip and fall, knowing how Arizona handles shared fault can help you protect your rights.
Understanding how comparative negligence in Arizona works is crucial, especially when dealing with insurance companies, medical bills, and legal claims. The team at Hale Injury Law is ready to help you through the process.
In this guide, we’ll break down how fault is determined in personal injury cases and explain how the law might affect your settlement.
What is Comparative Negligence
Arizona follows a pure comparative negligence system, which means that even if you share some responsibility for an accident, you can still recover compensation. However, the amount you receive will be reduced based on your percentage of fault.
Arizona’s comparative negligence system assigns a percentage of fault to each party involved in an accident. For example, if you’re found to be 20% at fault and the other party (or parties) share the remaining 80%, your total compensation would be reduced by your portion of responsibility.
This approach doesn’t prevent you from recovering damages altogether—it simply adjusts your award based on your share of the blame. So even if you contributed to the accident in some way, you can still seek compensation for your injuries under Arizona law.
How Fault Percentage Affects Compensation in Arizona
Comparative Negligence can be easier to understand with a real-world example. Imagine you’re involved in a multi-vehicle accident at a busy intersection in Phoenix. You were turning left without yielding properly, another driver ran a red light, and a third driver was speeding and failed to brake in time.
After an investigation, the insurance companies or court determine the following fault breakdown:
- You (Driver A): 20% at fault for not yielding
- Driver B: 50% at fault for running the red light
- Driver C: 30% at fault for speeding
Let’s say your total damages—including medical bills, lost wages, and pain and suffering—amount to $100,000. Because you were found 20% at fault, your compensation would be reduced by 20%, meaning you could still recover $80,000 under Arizona’s pure comparative negligence laws.
Even when multiple drivers share liability, Arizona law ensures that injury victims can still pursue a personal injury claim and recover damages that reflect the other parties’ roles in the accident.
Who Pays for Damages in Shared Fault Accident in Arizona
In a personal injury case, the responsible party, or parties, or their insurance company will pay for the damages. If the party at fault does not have insurance, the injured party can seek damages as compensation through their own uninsured or underinsured driver insurance.
Because Arizona uses comparative negligence and multiple parties may be involved, it is important to ensure you are properly covered by your insurance in case of unpredictable scenarios.
Slip and Fall Accidents in Arizona
If you were injured in a slip-and-fall accident at a store, on private property, or in a public area, you may be eligible to file a personal injury claim in Arizona. Because slip and falls fall under the umbrella of premises liability, Arizona’s comparative negligence laws still apply.
At Hale Injury Law, our legal team can help you pursue compensation—even if you’re worried that you may be partially at fault.
Arizona Premises Liability and Shared Fault
When dangerous property conditions—like broken tiles, wet floors, or poor lighting—cause an injury, the property owner may be held liable if they neglect to maintain a reasonably safe environment.
For example, let’s say you were looking at your phone and didn’t notice a broken tile on the floor. Even though you may be found partially responsible due to distraction, you could still recover damages if the property owner was negligent. Under Arizona’s comparative fault system, your compensation would simply be reduced by your share of the blame.
Frequently Asked Questions:
- How Long do I have to file a Personal Injury claim in Arizona?
If you’ve been injured in Arizona and want to seek compensation for your injuries, you only have a limited window of time to take legal action. That time frame is governed by Arizona’s statute of limitations laws.
These deadlines exist to ensure that lawsuits are filed while important evidence is still fresh and to protect potential defendants from facing legal action indefinitely.
For most personal injury claims in Arizona, you have two years from the date of the accident to file a lawsuit. However, if your claim involves a government entity—such as a city, county, or the state of Arizona—you must file a formal notice of claim within 180 days of your injury.
If you’ve been hurt, don’t wait. Contact Hale Injury Law immediately so we can help protect your rights and ensure your personal injury claim is filed on time.
- What types of accidents fall under Arizona personal injury laws?
Arizona personal injury laws encompass a broad range of accidents resulting from negligence, including car accidents, motorcycle crashes, slip and fall injuries, pedestrian accidents, and premises liability claims. If someone else’s actions—or failure to act—caused your injury, you may have a valid claim for compensation.
- What is the process of proving fault in an Arizona Personal Injury case?
To prove fault in an Arizona personal injury case, you must show that another party acted negligently and that their actions directly caused your injuries. This involves gathering and presenting strong evidence, which may include:
- Police or accident reports
- Photos or video of the scene
- Medical records and bills
- Eyewitness statements
- Expert testimony (e.g., accident reconstructionists or medical professionals)
Because Arizona uses comparative negligence, your ability to recover compensation depends on proving that the other party has more responsibility for the accident than you do. If you are injured, document as much of your experience as possible.
Work with an experienced Arizona personal injury attorney to help ensure that fault is properly established and that the strongest possible evidence supports your claim.
Understanding Arizona’s comparative negligence laws can make all the difference when pursuing a personal injury claim. Whether you’ve been injured in a car accident, a slip and fall, or any situation where fault is shared, you still have the right to seek fair compensation. But acting quickly, and with the right legal team, can significantly impact the strength of your case.
At Hale Injury Law, we’re here to fight for the compensation you deserve. Our experienced Arizona personal injury attorneys will help you navigate complex fault rules, meet critical deadlines, and build a powerful case backed by evidence. Don’t leave your recovery to chance.
Contact Hale Injury Law today for a free consultation—and take the first step toward justice, recovery, and peace of mind.
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