Many drivers assume that making a mistake behind the wheel means walking away empty-handed, but in Arizona, it is not necessarily true. This blog explains how the state protects your right to compensation and what you might recover.
Arizona’s comparative negligence law
The state operates under a pure comparative negligence system. This means individuals who suffered an injury may still recover damages even if they are mostly responsible for the accident.
Other states use a modified comparative negligence system that prevents recovery if a person is 50% or more at fault. In Arizona, you could be 99% at fault and still claim damages for the remaining 1%. This applies as long as the injury claim is based on negligence and the accident was not intentional.
What this means for your compensation
Under the comparative negligence rules, insurance claim adjusters calculate recoverable economic damages, such as your medical bills, property damage and lost wages, according to your share of the liability. In a legal dispute or trial, the final decision on fault rests entirely with a judge or jury.
For example, if your total compensatory damages equal $100,000 and an adjuster or a court finds you 30% at fault, you will receive $70,000.
Non-economic damages are reduced the same way. Your fault percentage diminishes compensation for pain and suffering, emotional distress and loss of enjoyment of life, even though these subjective losses are harder to quantify.
How counsel can support you
Arizona generally gives you two years after the date of the accident to file for a personal injury claim. Legal professionals can help you meet this deadline and investigate the accident independently to counter inflated fault assessments.
If your case goes to trial, an attorney can present your version of events to a jury. They can cross-examine the other party’s witnesses, introduce expert testimony and argue why your fault percentage should be lower than what the defendant claims.
