Key takeaways
- Arizona is a pure comparative fault state. Being partly at fault reduces your damages but does not bar your claim.
- Your damages are reduced by your percentage of fault. At 20% fault, a hypothetical $100,000 award becomes $80,000.
- In most cases, each defendant pays only its own share of fault, and people outside the lawsuit can be assigned fault too.
- Insurers use blame to pay less. Video, witnesses, photos, and vehicle damage can push back.
- Call Kent Law before giving a recorded statement to any insurer, including your own.
On this page
Yes. Arizona follows pure comparative negligence, so you can often still recover money if you were partly at fault for a crash. Your damages are reduced by your share of the fault, generally not wiped out. That matters, because insurance companies look hard for any reason to put blame on you. Even a small percentage can mean a lot of money. This guide explains how Arizona comparative negligence works, how fault gets split between drivers, and what evidence pushes back when an insurer tries to blame you. If you were hurt and fault is in dispute, Kent Law can help. There are exceptions, such as A.R.S. § 12-711 for some alcohol- or drug-related situations, so talk to us about your facts.
What pure comparative fault means in Arizona
Arizona law says your own share of fault does not bar your injury claim (A.R.S. § 12-2505). Instead, your full damages are reduced in proportion to your percentage of fault.
That is what "pure" comparative fault means. There is no general percentage cutoff. Even if you carry most of the blame, your claim is generally reduced, not thrown out.
Who decides your share? If the case goes to trial, the jury does. Your fault is a question of fact for the jury. It is not something the insurance adjuster gets to settle on a phone call.
There is one limit. The rule does not help someone who intentionally, willfully, or wantonly caused or contributed to their own injury.
Worked examples: how the math works
The numbers below are hypothetical examples to show the math. They are not predictions of what any case is worth.
- 20% at fault. Your damages are $100,000. A jury finds you 20% at fault. The award is reduced to $80,000.
- 50% at fault. Same $100,000 in damages. You are found 50% at fault. The award is reduced to $50,000.
- 90% at fault. Same damages. You are found 90% at fault. The award is reduced to $10,000. The claim shrinks, but it is not barred.
Look at the first example again. In that example, every 1% of fault moved onto you takes $1,000 off the award. Moving you from 20% to 30% at fault cuts $10,000. That is why the fight over fault matters so much.
Need help? If an insurance company is blaming you for a crash, call Kent Law at (480) 359-KENT for a free case review. No fee unless we win.
How insurance companies use fault to pay less
The other driver's insurance company has adjusters and lawyers working to pay as little as possible. Shifting blame onto you is one of the simplest ways to do it. Here are common examples.
- The pedestrian crossing midblock. If you were hit while crossing outside a crosswalk, the insurer may argue the crash was your fault, even if the driver was speeding or distracted. See our page on pedestrian accident claims.
- The rider who "came out of nowhere." A driver who turns in front of a motorcycle may claim the rider appeared out of nowhere. That line is meant to suggest the rider was speeding or hard to see. Learn more about motorcycle accident claims. The same argument can be aimed at people hurt in bicycle accidents.
- The sudden stop. In a rear-end crash, the driver who hit you may say you slammed on your brakes for no reason.
These crash types are not rare. In 2024, rear-end crashes were the most common type of multi-vehicle crash in Arizona: 38,654 crashes, or 37.51%. There were also 16,866 left-turn crashes, 127 of them fatal (ADOT, 2024 Arizona Motor Vehicle Crash Facts, Table 3-1, p. 18).
A blame argument is a negotiating tactic. It is not the final word. Evidence can answer it.
How fault is split when several drivers are involved
Some crashes involve three or more vehicles. Arizona has a rule for that too.
In most injury cases, each defendant is responsible only for its own percentage of fault (A.R.S. § 12-2506). Lawyers call this several liability. One defendant generally does not have to pay another defendant's share.
When deciding fault, the jury or other fact-finder considers everyone who contributed to the crash. That can include people who are not part of the lawsuit, called nonparties, when the defense has given proper notice about them.
Here is a hypothetical example. Your damages are $100,000. Driver A is 60% at fault, Driver B is 30%, and you are 10%. Driver A would generally be responsible for $60,000 and Driver B for $30,000. Your 10% share is the reduction.
Now say some fault goes to a nonparty, like a driver who left the scene. The defendants in the lawsuit generally do not pay that share. That gives the defense a reason to point at someone who isn't in the courtroom.
So a strong case looks at every driver who may share the blame, not just the most obvious one.
Evidence that fights blame
Blame claims fall apart when the facts don't support them. Evidence that can help includes:
- Video. Dash cameras, doorbell cameras, and business security cameras can show exactly what happened. The sooner someone asks for footage, the better.
- Witnesses. People who saw the crash and have no stake in the outcome can confirm who ran the light or who turned without looking.
- Photos. Pictures of the vehicles, the road, traffic signals, and your injuries help show the scene as it was.
- Vehicle damage. Where and how each vehicle was damaged can show the angle of impact and which car hit which.
- Crash reconstruction. When a case needs it, Kent Law hires crash reconstruction experts and other expert witnesses to study how the crash happened.
Protect yourself after a crash
What you say early can be used to assign fault later.
At the scene, don't admit fault or guess. Stick to what you know. You may not know how fast the other car was going or what it did before impact. Saying "I'm sorry" or "I didn't see them" can be turned into a percentage of blame. Get medical care, and read our guide on what to do after a car accident in Phoenix.
Call before any recorded statement. An adjuster may ask to record your account soon after the crash. Call Kent Law before you give a recorded statement to any insurer, including your own. This doesn't mean ignoring your own insurance company. Your policy may require you to cooperate with it. It means getting advice first, so one offhand answer isn't used to push fault onto you.
How Kent Law can help
When an insurer tries to pin blame on you, we push back with evidence. We fight for every penny of compensation you deserve. We don't let the insurer's blame game shrink your claim. We recover millions of dollars for injured clients every year. We handle negotiated settlements, mediation, arbitration and trial. Past results do not guarantee a similar outcome.
Our one office is in the Ahwatukee area of Phoenix, and we serve Tempe, Chandler, Gilbert, and Mesa from there. We usually meet at our office. If you can't get here, we can come to you at the hospital or at home, or meet by phone or video. Learn more about how we work as a Phoenix car accident lawyer for injured people. No fee unless we win.
If an insurance company is blaming you for a crash, call Kent Law at (480) 359-KENT for a free case review. No fee unless we win, and we explain the written fee agreement before you sign.
This article is general information, not legal advice. Every case is different.
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Frequently asked questions
Is Arizona a comparative negligence state?
Usually, yes. Arizona follows pure comparative negligence. If you were partly at fault for a crash, your claim generally is not barred. Instead, your full damages are reduced in proportion to your share of the fault. In a hypothetical case with $100,000 in damages and 20% of the fault on you, the award would be reduced to $80,000. The rule does not help someone who intentionally, willfully, or wantonly caused or contributed to their own injury.
Can I recover if I was mostly at fault for a crash in Arizona?
Under Arizona's pure comparative fault rule, being mostly at fault reduces your damages but does not bar your claim. In a hypothetical case with $100,000 in damages where you are found 90% at fault, the award would be reduced to $10,000. Every case is different, and insurers push to raise your percentage. For a free case review, call Kent Law at (480) 359-KENT.
Who decides how much fault I had?
If your case goes to trial, the jury decides whether you share any fault and how much. Your share of fault is a question of fact for the jury, not something the insurance adjuster gets to decide. Before trial, fault is argued during negotiations, and evidence like video, witness accounts, photos, and vehicle damage can shape how it is weighed.
What if more than one driver caused my crash?
In most Arizona injury cases, each defendant is responsible only for its own percentage of fault. One driver generally does not pay another driver's share. The jury or other fact-finder considers everyone who contributed to the crash, including people outside the lawsuit when the defense gives proper notice about them. That is why a case needs to account for every driver who may share the blame.
Should I give the insurance company a recorded statement?
Call Kent Law at (480) 359-KENT before giving a recorded statement to any insurer, including your own. Don't ignore your own insurance company, because your policy may require you to cooperate with it. Getting advice first helps keep an offhand comment from being used to shift fault onto you. The case review is free. No fee unless we win.
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This article is general information, not legal advice. Every case is different.