Determining who is at fault in an Arizona personal injury case is crucial when seeking compensation for injuries and damages.
Arizona laws follow a comparative fault system, directly affecting how much an injured party can recover.
If you have been involved in an accident in Arizona, understanding how comparative fault laws apply can help you navigate your claim and protect your rights.
What is Comparative Fault Under Arizona Laws?
Comparative fault, also called comparative negligence, is a legal principle under Arizona personal injury laws that assigns responsibility to each party involved in an accident. Even if you are partially at fault, you may still recover damages under Arizona’s legal framework. However, the total compensation will be reduced by your percentage of fault.
For example:
- Suppose a court finds you 20% responsible for a car accident in Arizona, and your total damages amount to $100,000. In that case, you will only recover $80,000 because your compensation is reduced based on your share of fault.
Arizona’s Pure Comparative Negligence Law
Arizona follows a pure comparative negligence rule under A.R.S. 12-2505. This means that even if you are found 99% at fault, you can still recover compensation, but it will be reduced to your fault.
Key Aspects of Arizona’s Comparative Fault Law:
- No threshold for recovery: Unlike some states that bar compensation if a person is more than 50% at fault, Arizona laws allow recovery even for those mostly responsible for an accident.
- Court-determined fault percentages: A jury or judge assigns fault percentages to each party in Arizona personal injury trials.
- Impact on settlement negotiations: Arizona insurance companies use comparative fault laws to argue for lower settlements, reducing payouts based on assigned fault.
How Arizona’s Comparative Fault Laws Apply to Personal Injury Cases
Comparative fault principles apply to various types of personal injury claims in Arizona, including:
Car Accidents in Arizona
Under Arizona traffic laws, when two drivers collide, both may share responsibility depending on their actions.
For example:
- If Driver A was speeding, but Driver B ran a red light, a court in Arizona may determine Driver A is 30% at fault, and Driver B is 70% at fault. The total damages will be divided accordingly.
Slip and Fall Cases Under Arizona Premises Liability Laws
In Arizona slip and fall cases, property owners must maintain safe conditions. However, if someone ignored warning signs or was distracted while walking, they may be assigned partial fault under Arizona premises liability laws.
Medical Malpractice and Arizona’s Negligence Standard
In Arizona medical malpractice cases, a patient’s negligence (such as failing to follow medical advice) can reduce compensation based on the state’s comparative negligence standard.
Workplace Injuries and Arizona Workers’ Compensation Laws
Comparative fault laws may affect third-party liability claims in Arizona workplace injury cases. However, Arizona workers’ compensation laws do not require proof of fault to receive benefits from an employer’s insurance.
How Arizona’s Comparative Fault Laws Affect Settlements
Many personal injury cases in Arizona are settled before trial. However, insurance companies in Arizona commonly use comparative fault laws to lower settlement offers by arguing that the injured person was partially responsible for the accident.
Ways to Strengthen Your Personal Injury Claim in Arizona:
- Gather strong evidence – Photos, videos, and witness statements can prove fault under Arizona law.
- Do not admit fault – Even casual statements can be used against you in an Arizona personal injury claim.
- Hire an experienced Arizona personal injury attorney – A lawyer can challenge fault assignments and fight for full compensation.
What If the Other Party Claims You Are at Fault in Arizona?
It is common for at-fault parties and insurance companies to argue that you share the responsibility to reduce payouts under Arizona’s comparative negligence law.
A personal injury lawyer in Arizona can:
- Investigate the accident and challenge incorrect fault assignments.
- Present expert testimony to prove liability.
- Negotiate with insurance adjusters to maximize your compensation.
Our Final Thoughts on Arizona’s Comparative Fault Laws
Arizona’s comparative fault laws can significantly affect the outcome of a personal injury claim. Even if you share responsibility for an accident, Arizona law still allows you to recover damages. Understanding these laws and working with an experienced Arizona personal injury attorney can help maximize your compensation.
Disclaimer:
The information provided in this article is for general informational purposes only and should not be considered legal advice. The amounts and situations described are speculative. Please contact our firm for professional guidance if you need legal assistance regarding your specific case.
Injured in Arizona? Contact Wesbrooks Law Today.
If you or a loved one has been injured, Wesbrooks Law is here to help. Our Arizona personal injury lawyers will guide you through the legal process and fight for the compensation you deserve.