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Fault & Liability

What happens if I was partly at fault for my accident in Arizona?

Short answer

Your compensation is reduced by your percentage of fault — but not eliminated. Arizona follows pure comparative negligence under A.R.S. § 12-2505.

Being partly at fault does not end your claim in Arizona. The state follows pure comparative negligence (A.R.S. § 12-2505): a jury (or, in settlement, the negotiating parties) assigns each party a percentage of fault, and your compensation is reduced by your percentage — nothing more.

A simple example: if your total damages are $100,000 and you are found 30% at fault, you can still recover $70,000.

Because Arizona''s rule is pure comparative negligence, this holds at any percentage. Even a person found 90% at fault can, in principle, recover the remaining 10%. Many states cut off recovery at 50% or 51% fault — Arizona does not.

Why this matters in practice: insurance adjusters raise partial fault early and often, precisely because many people believe any fault means no case, and abandon valid claims or accept steep discounts. Knowing the actual rule changes that conversation. Fault percentages are also negotiable and evidence-driven — they are arguments, not facts, until a jury decides them. The strength of the evidence gathered early (photos, camera footage, witness accounts, crash reports) is usually what moves those percentages.

This is general information, not legal advice. For advice about your specific situation, consult a licensed Arizona attorney.