The approach many people have to finding fault after a crash is often overly simplistic. People believe that there will be one person who is clearly at fault, while the other isn’t.
Reality is often far more complex. There could be more than two vehicles involved, and every driver may have contributed in some small way to the outcome. When more than one driver has fault, compensation claims become more complicated.
If you have partial responsibility for a crash that left you with serious injuries or property damage but another driver is also at fault, can you still pursue legal action against them?
Arizona recognizes comparative negligence in injury claims
When you believe someone else has responsibility for an injury or extensive property damage, you can file a personal injury lawsuit against them in addition to any insurance claim that you pursue. The other party can defend against your claim in court, possibly by pointing a finger back at you.
Establishing comparative negligence or the contributions of the plaintiff in a personal injury claim is a defense tactic some people use when accused of causing financial harm to others. If the court sides with the defendant, they will assign a percentage of fault to the plaintiff and reduce any compensation they receive by that percentage. Even someone who is 99% at fault for a crash could still seek compensation from the party with 1% fault for their injuries.
The more you understand about insurance and injury law in Arizona, the easier it will be for you to stand up for your rights after a crash. An experienced attorney can provide valuable guidance.