Can I Still Recover Damages in Arizona If I Was Partly at Fault for a Crash?

Yes. In Arizona, being partly at fault for a crash does not bar you from recovering damages — a jury reduces your damages in proportion to your share of the fault. That rule comes from A.R.S. § 12-2505, and it applies to personal injury and wrongful death claims alike.

What the statute says

A.R.S. § 12-2505(A) provides that contributory negligence and assumption of risk are always questions of fact for the jury. If the jury finds the injured person was partly at fault, the claim is not thrown out. Instead, "the full damages shall be reduced in proportion to the relative degree of the claimant's fault" that proximately caused the injury or death.

Put simply, Arizona does not set a fault threshold that disqualifies an injured person. Whether you were 10 percent or 60 percent responsible, the statute reduces the award by your percentage rather than eliminating it. Because that percentage is decided by the jury as a question of fact, the evidence about what each driver did matters a great deal.

A simple example

Suppose a jury decides your total damages are $100,000 and finds you 20 percent at fault — for example, because you were looking at your phone when another driver ran a red light. Your recovery would be reduced by 20 percent, to $80,000. The numbers here are illustrative only; they are not a prediction for any real case.

The exception: intentional or reckless conduct

The statute carves out one important exception. It says there is "no right to comparative negligence in favor of any claimant" who intentionally, willfully or wantonly caused or contributed to the injury or death. In that situation, the reduction rule does not protect the claimant. Ordinary carelessness — a late brake, a missed signal, a moment of distraction — is treated very differently from deliberate or wanton conduct.

Fault can be assigned to people who are not in the lawsuit

Under A.R.S. § 12-2506, each defendant's liability is generally "several only and is not joint," meaning a defendant answers for its own percentage of fault, and the court enters a separate judgment against each defendant for that amount.

The same statute also lets the jury consider the fault of other people who contributed to the harm, even if they are not parties to the case. A nonparty's fault may be counted when the plaintiff has settled with that person or when a defendant gives pretrial notice that the nonparty was at fault. The statute states that assessing fault against a nonparty does not make that person liable, and it is not evidence of liability in this or any other case.

The practical effect is that fault in an Arizona case can be divided among several people, and each defendant is responsible only for its own share. That is why a claim involving more than one vehicle, a property owner, or a vehicle manufacturer can become a dispute over percentages as much as over whether someone was careless at all.

What this means after a crash

• Do not assume you have no claim because you made a mistake. Under § 12-2505, partial fault reduces damages; it does not by itself end the claim.
• Be careful with statements. Casual remarks to an insurance adjuster, such as "I didn't see him," can later be used to argue for a higher percentage of fault against you.
• Preserve evidence. Photos, witness contact information, the police report, and vehicle data can all affect how fault is divided.
• Mind the deadlines. Comparative fault affects how much you recover, not how long you have to file. If a death is involved, see our guide on who can file a wrongful death claim in Arizona, and if a public entity may be responsible, read about the notice-of-claim rules for suing a government agency.

Because the percentage of fault drives the final number, it is worth speaking with a licensed Arizona attorney early, before you give recorded statements or accept a settlement offer.

Source: Arizona Revised Statutes §§ 12-2505 and 12-2506, azleg.gov. This article explains Arizona law for general informational purposes and is not legal advice. Every case turns on its own facts; consider speaking with an attorney about your situation.