How does fault work in an Arizona injury case?

Pure comparative fault, in one example

Suppose a jury values your case at $100,000 and decides you were 30 percent responsible for the crash. In Arizona you recover $70,000. Now make it worse: the jury says you were 80 percent responsible. You still recover $20,000. That is what pure comparative fault means, and it is the rule for nearly every Arizona injury case, from intersections in Phoenix to sidewalks in Tucson.

The percentages are not fixed by anyone at the scene. Not the police officer, not the adjuster, not the other driver's insurer. Fault is a fact question that gets negotiated in settlement and, if necessary, decided by a jury after hearing all the evidence.

How Arizona differs from Texas

Texas cuts a claimant off entirely at 51 percent responsibility. Arizona has no bar at all. Families who live, work, or drive in both states get burned by mixing these up in both directions: an Arizona claimant who abandons a strong case because an adjuster said "you were mostly at fault," and a Texas claimant who assumes a big-percentage case is still worth pursuing there. If your crash happened in Arizona, Arizona's rule controls, no matter where you live.

The one true exception

Arizona draws a line at intentional conduct. A person who intentionally caused or contributed to their own injury cannot use comparative fault to recover. That exception is narrow and almost never applies to ordinary negligence cases; carelessness, even serious carelessness, is exactly what the pure comparative system is built to handle.

How insurers work the percentages

Because fault in Arizona reduces rather than eliminates recovery, the insurance company's whole playbook is inflation: get a recorded statement early, harvest an apology or an "I didn't see them," and convert it into a fault percentage that shaves tens of thousands of dollars off the claim. Every point of fault they pin on you is money that stays in their pocket. That is the reason we tell people to speak with a lawyer before giving any recorded statement, and it is the reason fault percentages in demand negotiations are argued as hard as the medical numbers.

Everyone who contributed can be on the verdict form

Arizona juries can allocate fault among everyone who played a role, including people and companies that were never sued. The defense uses that to point fingers at empty chairs; a well-built case anticipates it by identifying every responsible party early, bringing the right ones into the case, and closing off the escape routes before trial.

Related: Arizona Claim Deadlines · Arizona Damage Caps · Dealing With the Adjuster · All Common Questions

Injured in Texas? Texas applies different rules to many of the topics on this page. See Partly at Fault in Texas or all Texas answers.

This page is general information about Arizona law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.