How Does Arizona’S Comparative Negligence Law Affect My Case?

When you have been involved in an accident, it is common for the other party to try to avoid being held accountable for their actions. Blaming the victim is a common tactic defendants use to avoid liability. 

Arizona follows a comparative negligence law, which can significantly impact your ability to recover damages. For this reason, it is important to understand how this law may apply to your specific case. 

This article discusses Arizona’s comparative negligence law, how it works, and what it means for your personal injury claim. 

Understanding Arizona’s Pure Comparative Negligence Rule

Comparative negligence is a legal principle that assigns a percentage of fault to each party involved in an accident. This means that if you are partially to blame for an accident, your compensation may be reduced based on your share of fault.

Arizona follows a pure comparative negligence system under A.R.S. § 12-2505. Under this rule, your compensation is reduced by your percentage of fault. However, an injured party can recover damages even if he or she is up to 99 percent at fault. 

Let’s break this down with an example. Suppose you were hurt in a car accident, and your medical expenses and other damages were $100,000. After reviewing the facts, a jury found that you were 25 percent at fault for the accident because you were speeding a little bit at the time. 

Under Arizona’s pure comparative negligence rule, your compensation would be reduced by 25 percent, meaning that you’d receive $75,000.

Applying Arizona’s Comparative Fault Rule to Various Personal Injury Cases

Here are some examples of where Arizona’s comparative fault rules could come into play.

Slip-and-fall accidents

You slipped on a wet floor in a grocery store, but you were texting while walking and didn’t notice the “Wet Floor” sign. A jury might find you 30 percent at fault. If your injuries cost $10,000, you’d be entitled to $7,000.

Motor vehicle accidents

Imagine you were rear-ended at a stop sign, but the taillight of your car was broken at the time of the crash. 

The court might find you 20 percent responsible for the accident because your vehicle wasn’t clearly visible. If your damages total $5,000, you would receive $4,000 after the reduction. 

Dog bites

Suppose a dog bites you while you’re out for an evening walk, but evidence shows you provoked the dog. If the court determines you were 40 percent at fault, your $20,000 claim would be reduced to $12,000.

Product liability cases

If you were injured by a defective product but failed to follow the manufacturer’s safety instructions, the court may assign you a percentage of fault. If that’s 15 percent, a $100,000 damage award would be reduced to $85,000.

How Is Fault Proved in an Arizona Personal Injury Case?

Proving fault is one of the most important and challenging elements in a personal injury case.

In Arizona, establishing fault typically involves the following components:

• Evidence: Photos, videos, witness statements, accident reports, and other evidence are used to reconstruct what happened
• Expert testimony: Accident reconstruction specialists, medical professionals, and industry experts may be called to provide insight into how and why the accident occurred
• Police reports and citations: If law enforcement responded to the accident, their official report may assign blame or note violations that help establish liability
• Comparative behavior: The actions of all parties are examined to determine whether any party failed to exercise reasonable care that contributed to the accident

The Role of Insurance Companies in Assigning Fault in Arizona

Insurance companies play a major role in determining fault in personal injury claims. The company will assign an insurance adjuster to investigate the accident. 

To make their decision, insurance companies will rely on:

• Police reports
• Eyewitness statements
• Medical records
• Photo and video evidence

Remember, insurance companies are not neutral parties. They often aim to minimize payouts by assigning a high percentage of fault to the injured party. The more fault an insurer attributes to you, the less they may have to pay. 

Negotiating with insurance adjusters can be complex and risky without legal representation. Insurers often don’t accurately assign fault, meaning the victim may be unable to get the compensation he or she deserves. 

Why Fault Percentage Matters

The percentage of fault assigned to you plays a direct role in how much compensation you can get. Insurance companies and opposing legal teams often try to shift more blame onto you to minimize their payout. 

For this reason, it is important to present a clear, well-supported case that accurately reflects how the accident occurred. The aim is to:

• Avoid reduction in compensation: Your compensation is directly tied to your level of fault
• Achieve negotiation leverage: A lower fault percentage strengthens your position in settlement negotiations
• Minimize litigation risk: If your personal injury case goes to trial, the jury’s decision on fault can drastically alter the outcome of your case

How Does Arizona Comparative Negligence Work When Multiple Parties Are Involved?

If there are multiple parties involved in an accident, things get more complicated. Each party’s percentage of fault will be assessed, and they each will be liable only for their portion of damages based on their role in the accident. 

For example, you’re in a multi-car accident. You file a lawsuit against Drivers A and B. 

The court finds:

• You are 20 percent at fault
• Driver A is 50 percent at fault
• Driver B is 30 percent at fault

You can recover 80 percent of your total damages (your fault subtracted), and that amount would be divided based on the defendant’s respective share of liability. 

If Driver A cannot pay his or her share, Arizona law allows for “several liability,” meaning each defendant only pays for their share – unless certain exceptions apply. 

This makes it critical to correctly identify and include all potentially responsible parties early in the legal process. Failing to do so could limit your ability to recover the full compensation you’re entitled to. 

Why Hire An Arizona Personal Injury Lawyer

Are you considering negotiating with the insurance companies on your own after being injured in an accident? That could result in you getting far less money for damages than you deserve. 

Insurers in Arizona often use the comparative negligence law to their advantage, attempting to shift more blame onto injured victims to reduce settlements.

An experienced personal injury lawyer can:

• Conduct a thorough investigation to gather strong evidence
• Build a compelling case to minimize your assigned fault
• Negotiate with insurance companies on your behalf
• Represent you in court if a fair settlement isn’t offered

When your financial future is on the line, having legal representation tailored to Arizona law can make a significant difference. 

Get Help Protecting Your Arizona Personal Injury Settlement

Comparative negligence laws in Arizona can significantly affect the value of your case. Having an experienced personal injury lawyer by your side is essential for getting fair compensation. 

Our personal injury lawyers will work with you to minimize your share of fault and maximize the compensation you receive. Insurance companies often try to shift the blame to reduce their payout. As your attorneys, our role is to push back with strong evidence and negotiation. 

At Big Auto Accident Attorneys, we don’t just settle, we get big results. Don’t leave your financial future up to chance. Call us today at 1-844-BIG-AUTO or complete the contact form to schedule your free case review.