What Is Comparative Negligence?
Comparative negligence is the legal rule that divides fault between the parties in a personal injury case. Instead of an all-or-nothing approach, the court (or jury) assigns each party a percentage of responsibility for the accident, and damages are reduced accordingly.
How Arizona’s Pure Comparative Negligence Law Works
Arizona follows pure comparative negligence under ARS § 12-2505 and ARS § 12-2506. “Pure” means there is no threshold—even if you were 99% at fault for your own injury, you can still recover 1% of your damages from the other party. Most states cap recovery at 50% or 51% fault; Arizona does not.
Under ARS § 12-2506, fault is also allocated to all parties, including those who were not joined in the lawsuit. This is called “several liability”—each defendant pays only their share of fault.
How It Affects Your Personal Injury Case
If an insurance adjuster or defense attorney argues you were partially at fault—say you were speeding when you were rear-ended—Arizona law still allows you to recover. Your award is simply reduced by your share of fault. A $200,000 verdict where you were found 20% at fault produces a net recovery of $160,000.
This also means the defense will actively work to build a case that you contributed to the accident. Evidence of contributory behavior (phone use, speeding, failure to signal) will be used to drive up your fault percentage and reduce what they pay.
Example Scenario
Maria is struck at an intersection in Phoenix by a driver who ran a red light. The defense argues Maria was also distracted. The jury finds the other driver 85% at fault and Maria 15% at fault. Maria’s total damages are $300,000. She recovers $255,000 (85% of $300,000). Under a 50% bar rule state, she would still recover; under a 51% bar rule state, she would be cut off at 51%. Arizona lets her recover regardless.
Frequently Asked Questions
Does Arizona let me recover damages if I was mostly at fault?
Yes. Arizona’s pure comparative negligence rule (ARS § 12-2505) allows recovery no matter how high your fault percentage is. Your damages are simply reduced by the percentage of fault assigned to you. There is no cutoff threshold.
Who decides fault percentages in an Arizona PI case?
In a trial, the jury decides fault percentages after hearing evidence from both sides. In settlement negotiations, the insurance company will propose a fault allocation that reduces what they pay—which is why having an attorney negotiate on your behalf matters.
Have questions about comparative negligence in your case? Call Wood Injury Law at (623) 207-0000 for a free case review.