Most people assume that if they were partly at fault for an accident, they can't recover anything. In Arizona, that's wrong. Under A.R.S. § 12-2505, you can recover compensation even if you were mostly responsible — your award is reduced by your percentage of fault, but there's no cutoff that bars your claim entirely.
What pure comparative fault means in practice
Say your total damages are $100,000 and a jury finds you were 30% at fault (speeding slightly, for example) while the other driver was 70% at fault. You recover $70,000. If it was 80/20 your fault, you still recover $20,000. States with "modified" comparative negligence rules bar recovery at 51% — Arizona has no such cutoff. That makes Arizona significantly more plaintiff-friendly than most states, and it means cases people assume aren't worth pursuing sometimes are.
How insurance companies use this against you
Adjusters know Arizona's comparative fault rules better than most claimants do. Their goal is to assign as much fault to you as possible because every percentage point directly reduces what they owe. Common tactics: asking leading questions in a recorded statement to get you to admit partial fault, arguing you were distracted, speeding, or failed to take evasive action, and delaying the claim hoping financial pressure pushes you to accept a low offer.
Talking to our car accident attorneys before giving any statement to an insurer matters because admissions on record are hard to walk back.
How fault actually gets assigned
In a lawsuit, a jury weighs the evidence and assigns percentages. In a settlement, the parties negotiate — but the strength of your attorney's evidentiary record heavily shapes where those numbers land. Evidence that matters: police and incident reports, witness statements and depositions, traffic or surveillance camera footage, expert accident reconstruction, photos of the scene and vehicles, black box data, and cell phone records.
Where this shows up beyond car accidents
The pure comparative fault rule applies across all personal injury contexts. In slip and fall cases, the question is whether the hazard was open and obvious and whether you were watching where you were going. In pedestrian accidents, whether you were in a crosswalk. In bicycle accidents, whether you were in the correct lane. In dog bite cases, whether you provoked the animal. In each situation, the defendant will try to shift blame — knowing it's coming is part of protecting your claim.
What to do after an Arizona accident
Call 911 and get a police report. Seek medical attention immediately. Document everything — photos, video, witness contact information. Don't discuss fault at the scene or on social media. Don't give a recorded statement to any insurer without an attorney present. And contact a personal injury attorney as early as possible.
Arizona's statute of limitations gives most injury victims two years to file (A.R.S. § 12-542). More on timing is in our post on the Arizona statute of limitations for personal injury.
Sher Law Group represents injured Arizonans on a contingency fee basis — nothing owed unless we win. Call (480) 418-SHER (7437) or reach out online.