In personal injury law, comparative fault (also called comparative negligence) determines how compensation is divided when more than one person is responsible for an accident. Under this system, each party’s share of fault affects the amount of damages they can recover.
Arizona uses a pure comparative fault rule, meaning that even if you were mostly at fault for an accident, you may still recover compensation. However, the amount is reduced by your percentage of responsibility. Understanding how this rule works is essential if you’ve been injured in Scottsdale or anywhere in Arizona.
What Is Comparative Fault?
Comparative fault is a legal principle used to assign responsibility after an accident. Instead of placing all the blame on one party, the court or insurance company divides fault between everyone involved.
For example, if two drivers are in a crash:
- Driver A runs a stop sign.
- Driver B is speeding.
- Both contribute to the collision.
If Driver A is found 70% at fault and Driver B is 30% at fault, Driver B can still recover 70% of their total damages from Driver A.
This approach is more flexible than older systems, such as contributory negligence, which completely barred recovery if the victim was even 1% at fault.
Arizona’s Pure Comparative Fault Law
Arizona follows the pure comparative fault system, meaning:
- You can recover damages even if you were up to 99% at fault for the accident.
- Your recovery is reduced by your share of fault.
- The court assigns a percentage of responsibility to each party.
For example, if your damages total $100,000 and you’re 60% at fault, you can still recover $40,000 from the other party.
This rule allows every injured person to recover something, as long as they can show that another party’s negligence contributed to the accident.
How Comparative Fault Works in Practice
Comparative fault applies in many types of personal injury cases, including:
- Car accidents: Both drivers may have contributed to the crash (e.g., speeding, texting, or failing to yield).
- Premises liability: A property owner fails to maintain safe conditions, but the victim was distracted or ignored warnings.
- Product liability: A manufacturer sells a defective product, but the consumer misuses it.
- Medical malpractice: A doctor makes an error, but the patient fails to follow instructions.
Each side will present evidence to show how much fault the other party bears. The insurance adjuster or jury then assigns a percentage to each person involved.
Proving Comparative Fault
To determine fault, investigators, attorneys, and courts rely on evidence such as:
- Police or accident reports
- Photos and videos from the scene
- Eyewitness statements
- Expert testimony (accident reconstruction, medical analysis, etc.)
- Maintenance logs or business records
- Safety inspections and code compliance reports
Having clear evidence can reduce your assigned percentage of fault, which increases the amount you can recover.
The Role of Insurance Companies
Insurance companies in Arizona use comparative fault to calculate settlement offers. If they believe you share part of the blame, they will reduce your payout accordingly.
For instance, if you’re seeking $50,000 in damages and the insurer claims you’re 40% responsible, they may only offer $30,000. Insurance companies often exaggerate fault percentages to save money, which is why having an attorney to negotiate on your behalf is so important.
Comparative Fault vs. Contributory Negligence
Under the old contributory negligence system, any fault on your part meant you could not recover damages at all. This rule was widely criticized for being unfair to victims.
Arizona replaced it with pure comparative fault, which ensures that every injured person can still recover compensation that matches their level of responsibility.
This system is considered fairer because it recognizes that accidents are rarely one person’s fault entirely.
How Comparative Fault Affects Damages
Your compensation is directly tied to how much of the accident is determined to be your fault. The more blame you share, the less money you can recover.
For example, if your total damages are $200,000 and you’re found 25% at fault, your compensation would be reduced to $150,000. This same formula applies whether your case is resolved through a settlement or a jury verdict.
Comparative Fault and Multiple Defendants
Sometimes, more than one defendant is responsible for an accident. Under Arizona law, each defendant is liable only for their share of the damages. This is known as several liability, meaning one defendant cannot be forced to pay the entire amount unless they are 100% at fault.
If multiple people or companies share responsibility, such as in trucking or construction accidents, your attorney must identify all parties involved to ensure you recover the full amount possible.
Statute of Limitations in Arizona
If you plan to file a personal injury lawsuit, you must act within two years of the accident.
This deadline also applies to wrongful death claims. If you miss the filing window, your case may be dismissed, and you could lose your right to recover compensation.
Because evidence can disappear and witnesses’ memories fade over time, it’s best to speak with a personal injury lawyer as soon as possible. Acting quickly gives your attorney the best chance to build a strong case and preserve your right to full recovery.
How a Lawyer Can Help
An experienced personal injury attorney can make a major difference in comparative fault cases by:
- Investigating the accident thoroughly
- Gathering and preserving key evidence
- Challenging unfair fault assessments by insurance companies
- Working with experts to prove the other party’s responsibility
- Negotiating for the highest possible settlement
Because comparative fault directly affects how much you can recover, it’s crucial to have someone protecting your interests from the start.
Contact the Scottsdale Personal Injury Lawyers at KRLG Injury Lawyers for Help Today
Comparative fault ensures that compensation is distributed fairly among all responsible parties. In Arizona, even if you share most of the blame, you can still recover a portion of your losses.
If you’ve been injured in Scottsdale, KRLG Injury Lawyers can help you understand how comparative fault works and how it impacts your claim. Our Scottsdale personal injury attorneys can help you protect your rights and recover the compensation you deserve. Contact us today for a free consultation.