Arizona Comparative Negligence Rule

If you were injured in an accident in Arizona, you may assume that proving the other party’s negligence is enough to recover compensation. However, personal injury claims can become more complicated when both sides share some responsibility for an accident.

Arizona follows a comparative negligence system that allows an injured person to pursue damages even when they are partly responsible for their injuries. However, the amount of compensation can be reduced according to the person’s percentage of fault.

Understanding Arizona’s comparative negligence doctrine can help you make informed decisions about an accident claim and whether to accept an insurance company’s assessment of responsibility.

What Is Arizona’s Comparative Negligence Rule?

Comparative negligence is a legal principle used to determine how responsibility for an accident should be divided among the parties involved. Under this doctrine, an injured person’s compensation amount can be reduced by their percentage of fault.

For example, suppose you are injured in a Cottonwood car accident and your total damages are determined to be $100,000. If you are found to be 20% responsible for the accident, your damages could be reduced by 20%, leaving you with a potential recovery of $80,000.

Arizona’s pure comparative negligence system differs from other systems in which an injured person who reaches a particular percentage of fault is completely barred from damage recovery. Essentially, being partially responsible does not necessarily prevent you from recovering damages in Arizona.

However, determining fault is not always straightforward, especially in cases involving potential multiple defendants. The specific facts of the case, the evidence available, and the applicable law determine how fault is ultimately allocated.

How Is Fault Determined in an Arizona Personal Injury Case?

Insurance companies, attorneys, and courts may consider a variety of evidence when determining who contributed to an accident. Depending on the circumstances, relevant evidence can include police and accident reports, witnesses’ statements, photographs and videos of the accident scene, and surveillance footage.

Other critical evidence includes medical records, vehicle damage, accident reconstruction evidence, expert testimony, and cellphone or vehicle data. Evidence is a major determinant of fault.

For instance, in a Cottonwood car accident, evidence might show that one driver was speeding while the other driver was making an unsafe turn. Both drivers could potentially have some responsibility, but the evidence may support different percentages of fault. It is therefore very important to preserve evidence promptly after an accident.

Comparative Negligence in Arizona Car Accident Claims

Car accidents are among the situations in which comparative negligence can become particularly important. An insurance company may argue that an injured driver contributed to a collision by speeding, following too closely, driving while distracted, or failing to yield. They may also accuse the driver of changing lanes improperly or failing to take reasonable evasive action.

Suppose another driver runs a red light and causes a collision in Cottonwood. The other driver’s conduct may appear to be the primary cause of the accident. However, the insurance company could still investigate whether you were speeding, distracted, or otherwise contributed to the crash.

An insurer’s determination is not necessarily the final determination of legal fault. If the insurance company assigns you an unfair percentage of responsibility, an Arizona personal injury attorney can investigate the evidence and challenge that assessment when appropriate.

Comparative Negligence in Other Arizona Injury Claims

Comparative fault is not limited to automobile accidents. It may arise in many types of personal injury cases, including:

• Slip and Fall Accidents. A property owner may be responsible for failing to address a dangerous condition. However, the defense may argue that the injured person failed to pay attention or otherwise contributed to the accident.
• Pedestrian and Bicycle Accidents. Drivers and other parties may be accused of negligence, while the defense may attempt to establish that the pedestrian or cyclist also contributed to the collision.
• Premises Liability Claims. A person injured on someone else’s property may face allegations that their own conduct contributed to the accident.
• Product Liability Claims. Depending on the circumstances, questions may arise regarding how a product was used or whether the injured person contributed to the resulting injury.

The applicable law depends on the circumstances of the particular case, so an Arizona injury claim should be evaluated individually.

How Comparative Negligence Can Affect Your Settlement

Damages in a personal injury claim may include economic losses such as medical expenses, future medical treatment, lost income, reduced earning capacity, and property damage. Depending on the circumstances, compensation may also include noneconomic losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Comparative negligence can directly affect the amount of compensation you ultimately receive. Essentially, percentage of fault is more than a technical legal issue. A disputed percentage can represent thousands or even tens of thousands of dollars in compensation.

That is why you should carefully evaluate an insurer’s settlement offer before accepting it, particularly if the insurer is attempting to shift substantial blame onto you.

Why Work with a Cottonwood Personal Injury Attorney?

An accident can leave you dealing with expensive medical treatment, lost income, vehicle repairs, and uncertainty about your future. You may also have to deal with an insurance company seeking to minimize your compensation.

A Cottonwood personal injury lawyer can investigate the circumstances surrounding your accident, identify potentially responsible parties, collect relevant evidence, and evaluate your damages. The attorney can also negotiate with insurance companies on your behalf and represent you in court, if necessary.

The work of an attorney is not simply to establish that someone else was negligent. It is to build a well-supported claim that accurately addresses who was responsible, how much responsibility each party bears, and the full extent of your losses.

Frequently Asked Questions

1. Can I recover compensation if I was partly at fault in Arizona?
   Potentially, yes. Arizona’s comparative fault system generally allows an injured person to recover damages even when that person bears some responsibility. The recovery can be reduced according to the applicable percentage of fault.

2. What happens if I am more than 50% at fault?
   Being more than 50% responsible does not automatically mean that you cannot recover under Arizona’s pure comparative negligence approach. However, your percentage of fault can substantially reduce your potential recovery.

3. Who determines my percentage of fault?
   The allocation of fault depends on the circumstances and evidence. Disputes may be addressed during insurance negotiations or, if litigation becomes necessary, through the court process.

4. Should I accept an insurance company’s fault determination?
   Not necessarily. If an insurer claims that you contributed to your injuries, consider having the circumstances reviewed by an experienced Arizona personal injury attorney before accepting a settlement.

Talk to a Cottonwood Personal Injury Attorney

A comparative negligence determination can significantly affect the value of an Arizona personal injury claim. If you are injured in accident do not assume that being partly blamed for the accident means you have no legal options.

A skilled attorney can review the facts, explain how Arizona’s comparative fault rules may apply, and help you understand your potential claim. If you are in Cottonwood, AZ, speak to our knowledgeable and experienced Cottonwood personal injury attorney at the Law Office of Shiloh K. Hoggard, P.L.L.C. Contact us today to schedule a consultation and discuss your accident and legal options.