If you were partially at fault for causing the accident that injured you in Arizona, you may wonder whether you can still recover compensation for your medical bills, lost wages, and pain and suffering. The good news is that you can. However, your compensation depends on how much fault you bear.
Arizona’s Pure Comparative Negligence Rule
Arizona follows a pure comparative negligence rule for awarding compensation in injury lawsuits, including car accidents, slip-and-fall accidents, or any other type of accident. Under pure comparative negligence, as long as you’re not 100 percent at fault for your injury, you can seek compensation through a lawsuit against the other at-fault party or parties.
However, something to keep in mind is that your compensation will be reduced by your degree of fault. If you are 20 percent at fault for the accident, you can only recover 80 percent of your awarded compensation. And if you are 60 percent at fault, you can only recover 40 percent of your awarded compensation.
Insurance companies also use this to their advantage during settlement negotiations. If they believe that a jury will find you 30 percent at fault during your trial, they will likely only offer you a settlement that covers 70 percent of what you’re seeking.
Comparison to Other Forms of Comparative Negligence
Arizona’s system for awarding compensation in instances of shared fault is not the norm. The two other common systems that states adhere to are as follows:
- Modified Comparative Negligence – In this form of comparative negligence, there is a cap on how much a victim can be at fault and still seek recovery. For example, many states with modified comparative negligence rules bar victims from recovering compensation if they are more than 50 percent at fault.
- Contributory Negligence – Contributory negligence is the opposite of pure comparative negligence. Rather than being able to seek compensation as long as someone else is one percent at fault for their injuries, contributory negligence bars victims from recovering compensation if they are even one percent at fault.
If you’re visiting Arizona from a state that uses one of these other rules for determining liability, it’s important to understand how pure comparative negligence differs. Even if you are primarily at fault for the accident that caused your injuries, you can still seek compensation in Arizona.
Maximizing Compensation in a Comparative Negligence System
The trick to maximizing your compensation after an accident in Arizona is to minimize your share of fault. Doing so will require compelling evidence, which might include:
- Accident scene photos
- Eyewitness testimony
- Traffic/security camera footage
- Post-accident vehicle inspections
- Accident reconstructions
An experienced attorney can gather and review this evidence to build a compelling argument in your favor.
Contact Our Arizona Personal Injury Lawyers
Were you injured in an accident that was partially your fault in Arizona? Contact Valley Injury Team for an initial consultation with one of our experienced personal injury lawyers. We’ll review your case, help you determine your degree of fault for the accident, and explain how that could affect the compensation you’re seeking for your injuries.
