Arizona is one of a minority of states that follows a 'pure' comparative negligence rule, codified in A.R.S. § 12-2505. Under this system, your compensation is reduced by your percentage of fault, but you are never completely barred from recovering simply because you share blame, even if you were 90 percent responsible for the accident.
What 'Pure Comparative Negligence' Means
This is far more generous than the rules in many other states. In 'modified' comparative negligence states, an injured person who is 51 percent at fault recovers nothing. Arizona rejects that harsh cutoff. If a jury finds you 70 percent at fault and your damages are $100,000, you still recover $30,000.
How Fault Is Actually Decided
Fault is not assigned by the insurance company, even though they will try to convince you otherwise. In litigation, the jury (or judge) assigns a percentage of responsibility to each party based on the evidence. Insurers often inflate the injured person's share of fault to justify a lowball offer or denial.
This is where evidence matters enormously. Police reports, witness statements, traffic camera footage, vehicle data, and expert reconstruction can all shift the fault percentages. A driver blamed for 'following too closely' might actually have been cut off by a vehicle that fled the scene, a fact only a thorough investigation uncovers.
Why Insurers Use Fault Against You
Because every percentage point of your fault reduces what they pay, insurance adjusters are trained to gather statements that make you sound responsible. A friendly call asking you to 'just describe what happened' can produce a recorded admission that is later used to argue you were distracted, speeding, or careless.
This is why you should never give a recorded statement to the other side's insurer before speaking with an attorney. What sounds like an innocent conversation is often a fault-building exercise.
The Takeaway for Injured Arizonans
Do not let anyone, especially an insurance adjuster, convince you that you have no case because you were partly at fault. Arizona law specifically allows recovery in exactly those situations. The real question is not whether you can recover, but how the fault will be apportioned, and that is a fight worth having with an experienced advocate on your side.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.