Partly at fault in Arizona? You can still recover — here's how comparative fault works
One of the most common reasons people don't call a lawyer is a quiet fear: 'I think part of it was my fault.' In Arizona, that fear is usually misplaced.
Arizona follows pure comparative negligence
Under A.R.S. § 12-2505, your compensation is reduced by your share of the fault — but it is not erased. If your damages are 100,000 dollars and you're found 30 percent at fault, you can still recover 70,000. Arizona is one of a small number of states that let you recover even if you were mostly at fault, with the award reduced accordingly.
Why insurers push the fault story hard
Every percentage point of blame they can shift onto you comes straight off what they pay. That's why an adjuster may seem eager to get your recorded statement early, or to frame an ambiguous moment as your mistake.
What helps protect you
- Don't apologize or guess about fault at the scene
- Get the police report number and witness contacts
- Photograph the scene, vehicles, and conditions
- Talk to a lawyer before giving the other insurer a statement
The insider takeaway
Fault is negotiable, and it is often overstated by the side that benefits from it. A careful, well-documented case is the best answer to an inflated blame number.
This article is general information, not legal advice. Every case is different; contact the firm to discuss yours.