The short answer is: yes. Arizona employs a “pure comparative negligence” model, which is actually more favorable to injured people than what you would find in other parts of the United States. Here’s what you need to know.
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The short answer is: yes. Arizona employs a “pure comparative negligence” model, which is actually more favorable to injured people than what you would find in other parts of the United States. Here’s what you need to know.
Free Case Evaluation
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
One of the first questions injured people ask is whether they can still pursue a claim if they played some role in what happened. Maybe they were driving slightly over the speed limit when someone ran a red light, or walking in an area where they shouldn’t have been when a property owner’s negligence caused them to fall. Whatever the circumstances, a shared sense of responsibility causes many people to walk away from injury claims.
Don’t make that mistake. In Arizona, state law dictates that partial fault does not bar you from recovering compensation for medical expenses, lost income, property damage and other losses. Understanding how the law actually works can mean the difference between receiving nothing and recovering tens of thousands of dollars for your medical bills, lost wages, and pain and suffering.
For more than 30 years, Rasmussen Injury Law has stood up for Arizonans who have been hurt due to someone else’s negligence. With offices in Mesa, Glendale, and Tucson, we represent clients throughout the state. Our team includes attorneys fluent in Spanish and Arabic, and we welcome clients regardless of immigration status. There is no fee unless we win your case.
Understanding Arizona's Pure Comparative Fault Rule
Arizona follows what is called a pure comparative fault system, governed by Arizona Revised Statutes § 12-2505. Under this rule, an injured person can recover compensation even if they were partly at fault for the accident. Their total recovery is simply reduced by their percentage of fault.
Suppose you are injured in a car accident and your total damages — things like medical bills, lost wages, and property damage — amount to $100,000. An investigation determines that the other driver was 80% at fault for running a stop sign, and you were 20% at fault for traveling slightly above the posted speed limit.
Under Arizona’s pure comparative fault rule, your $100,000 recovery is reduced by your 20% share of fault, and you receive $80,000. If the fault split were reversed—you were found 70% responsible—you could still recover 30% of your total damages under Arizona law. This is what makes Arizona a “pure” comparative fault state.
As long as another party’s negligence contributed to your harm, you have a right to compensation proportional to their share of fault.
How Insurance Companies Use Partial Fault Against You
Insurance companies understand Arizona’s comparative fault system very well and use it strategically. When an adjuster calls you after an accident, they are not calling to help you. They are calling to gather information that can be used to increase your share of fault, reduce the value of your claim, or deny it altogether.
Common tactics include:
Recorded statements. Adjusters ask open-ended questions designed to get you to say something that suggests you contributed to the accident. Statements like “I didn’t see them coming” or “I was in a hurry” can be used to assign you additional fault.
Disputing the severity of your injuries. The less serious your injuries appear, the lower the total damages and the lower the payout, regardless of fault.
Offering quick, “lowball” settlements. If you accept a settlement before you understand the full extent of your injuries or before a thorough fault investigation is completed, you may be leaving money on the table.
Exaggerating your percentage of fault. Even a small increase in your assigned fault percentage can result in thousands of dollars in lost compensation.
Rasmussen Injury Law consistently advises clients to not speak with the other party’s insurance company without legal representation. Studies show that people who use an attorney receive settlements that are three to four times higher than those who represent themselves.
How Fault Is Determined in Arizona Personal Injury Cases
Assigning a percentage of fault is not always a simple process. It involves evidence, investigation, legal argument, and sometimes even the judgment of a jury. The factors that go into a fault determination include:
Physical evidence from the accident scene. Skid marks, vehicle damage patterns, road conditions, traffic control devices, surveillance footage, and accident reconstruction all contribute to understanding how a crash unfolded and who bears responsibility.
Police and incident reports. These reports document what law enforcement observed at the scene and often include an initial assessment of fault. (Note that this assessment is not final and can be challenged.)
Witness statements. Third-party witnesses who saw what happened can significantly affect a fault determination in either direction. (This is why it is critically important to collect contact information of any witnesses to prevent legal issues from arising.)
Driver and party conduct before the accident. Speed, attentiveness, compliance with traffic laws, and other factors are examined and weighed.
Medical records and injury documentation. The nature and severity of your injuries, and the timing of your medical treatment, contribute to establishing both damages and the circumstances of the accident.
Expert testimony. Accident reconstruction specialists, medical experts, and other professionals may be called upon to provide analysis in more complex cases.
Rasmussen Injury Law expert legal team will conduct a thorough investigation of your case to determine your percentage of fault, if any, and advise accordingly. We gather and preserve evidence, interview witnesses, work with experts where needed, and build the strongest possible case for maximum compensation.
Does Partial Fault Apply to All Types of Injury Cases?
Yes. Arizona’s comparative fault framework applies across the full range of personal injury cases, not just car accidents. Here’s how it plays out in some of the most common case types:
Motor Vehicle Accidents
Vehicle accident cases are where comparative fault most commonly arises. Whether you were rear-ended, involved in a side-impact collision, or struck by a commercial truck, the question of how much each driver contributed to the crash is central to your claim. Our attorneys handle car accident cases, truck accident claims, and motorcycle accident cases throughout Arizona, and we know how insurers approach fault in each context.
Slip and Fall (Premises Liability)
Property owners have a duty to maintain reasonably safe conditions on their premises. If you slipped on a wet floor, fell due to uneven pavement, or were injured by a hazard a property owner should have addressed, the question of whether you should have noticed and avoided the danger may come up. Our team handles premises liability cases throughout the state, and knows how to establish that a property owner’s negligence was the primary cause of your injury.
Dog Bites
Arizona’s dog bite statute (A.R.S. § 11-1025) holds dog owners strictly liable when their animal bites someone in a public place or lawfully in a private place. Comparative fault can still apply — for example, if a court finds that a victim provoked the animal. Our attorneys handle dog bite injury claims and will work to demonstrate that owner negligence was the controlling factor.
Medical Malpractice
When healthcare providers deviate from the accepted standard of care and cause harm, patients have a right to seek compensation. If a patient’s own health history or failure to follow instructions is raised as a contributing factor, comparative fault principles still apply — and the analysis can be complex. Our medical malpractice attorneys have the experience to navigate these cases and build a compelling case for full, fair recovery.
Wrongful Death
When a loved one is killed due to someone else’s negligence, surviving family members can pursue a wrongful death claim even if the deceased was partially at fault for the incident. The same comparative fault principles apply: compensation is reduced proportionally, not eliminated. Rasmussen Injury Law handles wrongful death cases throughout Arizona with both legal skill and genuine compassion.
What Compensation Can You Recover?
When you pursue an injury claim in Arizona — even one where you bear partial fault — the types of damages available to you remain unchanged. These include:
Economic damages like medical bills (past and future), lost wages during recovery, diminished earning capacity if your injuries affect your long-term ability to work, property damage, and out-of-pocket expenses related to your treatment and recovery.
Non-economic damages, inclusive of costs of the injury beyond what can be measured: pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement or disability, and loss of consortium.
Punitive damages in cases of egregious or intentional misconduct, levied as a means of punishing the defendant and deterring similar behavior.
Your total recovery across all categories is then reduced by your percentage of fault, as determined through negotiation or by a jury. The goal of the Rasmussen Injury Law team is always to maximize your total damages figure and minimize the fault assigned to you — both factors work in your favor. Call us today to learn how we can help.
The Two-Year Deadline: Don't Wait
With few exceptions, Arizona law imposes a strict two-year statute of limitations for most personal injury claims. This means you have two years from the date of your injury to file a lawsuit. (For wrongful death claims, the two-year period runs from the date of death.)
Frequently Asked Questions about Pure Comparative Fault in Arizona
Yes. Arizona's pure comparative fault system allows recovery regardless of your percentage of fault. If you were 70% at fault and the other party was 30% at fault, you can still recover 30% of your total damages.
Fault percentages are negotiated between attorneys and insurance companies during the claims process. If the case goes to trial, a jury makes the determination. The percentages are based on evidence: accident reconstruction, witness statements, physical evidence, and expert testimony.
It depends on the circumstances and your policy. In some cases, your own insurer may try to characterize you as more at fault than you actually were to limit their obligations. This is another reason to have independent legal representation, as it levels the playing field between you and the insurance company.
That is a common tactic and it does not mean the other party isn't at fault. Insurance companies frequently dispute or deflect liability to protect their financial interests. An experienced personal injury attorney will conduct an independent investigation, gather evidence, and present a counter-argument. Rasmussen Injury Law has been navigating these disputes for more than 30 years; if your insurance company is stonewalling you, reach out to us to learn how we can help.
That depends on the total value of your damages — medical bills, lost wages, pain and suffering, and other losses — and your assigned percentage of fault. The higher your total damages and the lower your fault percentage, the larger your recovery. We offer free case evaluations to give you an honest, realistic picture of what your claim may be worth and how we would approach it. Visit our FAQ Page for more answers to common questions.
No. Every case starts with a free, no-obligation consultation. And we work on a contingency fee structure — which means we collect no fees unless and until we resolve your case and you get paid. There is no financial risk to reaching out and getting answers.