When you're in a car accident in Arizona, figuring out who's at fault isn't always black and white. Maybe you were speeding slightly when another driver ran a red light and T-boned your vehicle. Or perhaps you glanced at your phone just before someone merged into your lane without looking. Arizona law recognizes that fault isn't always one-sided, and that reality directly affects how much money you can recover.

What Comparative Negligence Is

Arizona follows what's called "pure comparative negligence." This means you can still recover damages even if you're partially responsible for the accident. Your compensation gets reduced by your percentage of fault, but you're not completely barred from recovery as you would be in some other states. Here's how it works in practice. If a jury determines you're 20% at fault for an accident and your total damages are $100,000, you'll receive $80,000. If you're 70% at fault, you'd still get $30,000. No threshold prevents you from recovering something, no matter how much fault you share.

How Fault Gets Determined

Insurance adjusters and juries look at the same basic factors when splitting up fault:

  • Traffic violations like speeding, running stop signs, or illegal turns
  • Distracted driving behaviors, including phone use or eating
  • Whether drivers followed posted signs and signals
  • Road conditions and visibility at the time of the crash
  • Witness statements and accident reconstruction

The Phoenix car accident lawyer you hire will gather evidence to minimize your percentage of fault. Police reports matter, but they're not the final word. Cameras, witnesses, and physical evidence all play a role.

Common Scenarios Where Fault Gets Split

Rear-end accidents usually seem straightforward, but if you brake-checked someone or had broken taillights, you might share some responsibility. Left-turn collisions often involve questions about whether the turning driver had enough time or if the oncoming driver was speeding. Lane-change accidents can go either way depending on who signaled and who had the right of way. Insurance companies love to shift blame onto injured victims. They'll argue you weren't wearing a seatbelt, you were on your phone, or you could have avoided the collision. Some of these arguments hold water under Arizona law. Others don't.

What This Means For Your Settlement

Insurance adjusters know how comparative negligence works, and they use it to reduce payouts. They'll often assign you a higher fault percentage than the evidence supports, hoping you'll accept it. That's why having experienced legal representation from Wyatt Injury Law Personal Injury Attorneys makes such a difference in these cases. Your attorney can challenge fault determinations through negotiation or litigation. Sometimes a case that looks like 40% your fault becomes 10% after proper investigation and argument. That difference could mean tens of thousands of dollars in your pocket.

Protecting Your Rights After An Accident

Don't admit fault at the scene, even if you think you might have contributed to the crash. Apologizing or saying "I'm sorry" can be interpreted as an admission. Stick to facts when talking to police and other drivers. Get medical attention immediately, even for injuries that seem minor. Gaps in treatment give insurance companies ammunition to argue your injuries aren't serious or weren't caused by the accident. Document everything you can. Take photos of vehicle damage, road conditions, traffic signs, and visible injuries. Get contact information from witnesses who saw what happened.

Moving Forward With Your Claim

Arizona's comparative negligence system means partial fault shouldn't stop you from pursuing compensation. What matters is getting an accurate assessment of everyone's responsibility and fighting for the maximum recovery available under the circumstances. A Phoenix car accident lawyer who understands how comparative negligence works in practice can make the difference between a lowball settlement and fair compensation. The insurance company has lawyers working to minimize what they pay you. You should have someone fighting just as hard on your side.