Fault Isn’t All-or-Nothing

Fault Isn’t All-or-Nothing: Understanding Arizona’s Pure Comparative Negligence

Many accident victims in Arizona hesitate to seek legal help because they believe being partially at fault bars them from recovery. Whether you were speeding slightly during a collision or weren’t wearing a seatbelt, you might assume the law is “all-or-nothing.” This is a common misconception that often prevents injured people from receiving the financial support they desperately need for medical bills and lost wages.

In reality, Arizona follows a pure comparative negligence rule under A.R.S. § 12-2505. This means that even if you are found to be 99% responsible for an accident, you can still legally recover 1% of your total damages from the other at-fault party. Your final compensation is simply reduced by your percentage of fault; for example, if you have $100,000 in damages and are 30% at fault, you would still receive $70,000.

Because every percentage point significantly impacts your final payout, insurance companies often try to shift as much blame onto you as possible. Working with an experienced attorney is vital to ensure fault is apportioned accurately based on evidence like police reports and expert analysis. Don’t let an admission of partial fault stop you from pursuing the compensation you deserve under Arizona’s fair-share legal system.

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