If you’ve been involved in a car accident in Glendale, AZ, your recovery likely involves more than just physical healing. You may be dealing with medical bills, lost wages, vehicle repairs, and the stress of negotiating with insurance companies. But one factor many people overlook — and one that can significantly affect your settlement — is Arizona’s comparative negligence law.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault when more than one party is responsible for an accident. Instead of assigning full responsibility to one driver, the court (or insurance adjusters) determines the percentage of fault for each party involved. Your compensation is then reduced based on your share of that fault.
For example, if your damages total $100,000 but you’re found to be 20% at fault for the accident, you would still recover $80,000. This system allows injured parties to recover compensation even if they were partially responsible — but it also makes proving liability and minimizing your share of fault crucial to your case.
Arizona’s Pure Comparative Negligence System
Arizona follows a pure comparative negligence rule. This means you can pursue compensation even if you were up to 99% at fault — but the amount you receive will be reduced accordingly.
For instance:
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If you’re 10% responsible, you’ll recover 90% of your damages.
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If you’re 50% responsible, you’ll recover 50%.
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Even if you’re 90% responsible, you can still recover 10%.
While this law is more favorable to plaintiffs than states with stricter fault systems, it also gives insurance companies more opportunities to minimize payouts by arguing that you were largely at fault. A seasoned car accident injury lawyer can help gather the evidence needed to challenge these claims and protect your settlement.
How Fault Is Determined After a Car Accident
Proving fault isn’t always straightforward — especially in complex accidents involving multiple vehicles or conflicting witness accounts. In Arizona, fault is typically determined by evaluating various forms of evidence, including:
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Police reports: Official documentation often plays a significant role in determining liability.
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Eyewitness testimony: Statements from people who saw the crash can help clarify events.
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Accident reconstruction: Specialists may analyze skid marks, vehicle damage, and road conditions to determine how the collision occurred.
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Traffic camera footage: Video evidence can be instrumental in proving who was responsible.
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Medical records: These help establish a direct link between the accident and your injuries.
Because insurance adjusters are focused on reducing payouts, they often attempt to shift blame onto you — even if your actions played only a minor role. Working with a car accident attorney near me ensures you have someone advocating for your interests and presenting the strongest possible case on your behalf.
Common Situations Where Comparative Negligence Comes Into Play
Comparative negligence is frequently a factor in many types of car accidents, especially when both drivers may share some responsibility. Examples include:
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Rear-end collisions: The trailing driver is usually at fault, but the lead driver could share liability if they braked suddenly without reason.
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Left-turn accidents: The turning driver is typically at fault, but the oncoming driver may be partially responsible if they were speeding.
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Intersection crashes: Both drivers may share blame if one ran a red light while the other was distracted.
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Multi-vehicle accidents: Fault is often split among several drivers, each contributing to the chain of events.
These cases require a thorough investigation to accurately assign liability. A best personal injury lawyer understands how to build a strong case by collecting evidence, consulting experts, and challenging attempts by insurance companies to exaggerate your share of fault.
How Comparative Negligence Affects Your Settlement
Your percentage of fault directly impacts the amount of compensation you can recover. However, the effect goes beyond just a reduction in damages — it also influences settlement negotiations. Insurance adjusters often use comparative negligence as a bargaining tactic, arguing that you bear more responsibility than you actually do.
For example, if they can convince you or a court that you were 40% at fault instead of 20%, your compensation could drop significantly. This is why legal representation is so important: a car accident injury lawyer can counter these strategies and advocate for a fair allocation of fault.
Steps You Can Take to Protect Your Claim
While you can’t control every aspect of your case, there are several steps you can take to strengthen your position under Arizona’s comparative negligence laws:
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Document everything: Take photos of the accident scene, vehicle damage, and injuries.
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Get medical attention: Immediate treatment creates a clear record linking your injuries to the accident.
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Avoid admitting fault: Even casual statements like “I’m sorry” can be used against you.
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Contact a lawyer early: An attorney can guide you through the claims process and ensure deadlines are met.
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Limit conversations with insurance companies: They may try to elicit statements that shift blame to you.
The Importance of Legal Representation
Understanding and navigating comparative negligence laws on your own can be challenging — especially while recovering from an injury. A qualified attorney can investigate the accident, gather evidence, negotiate with insurers, and ensure your compensation accurately reflects your losses.
If you’re seeking trusted representation in Glendale, consider partnering with a reliable personal injury lawyer who understands Arizona law and how to use it to your advantage.
Protect Your Rights and Maximize Your Compensation
Arizona’s comparative negligence system allows accident victims to recover compensation even when they share fault — but it also gives insurers room to reduce payouts. By understanding how the law works and working with a knowledgeable attorney, you can minimize your share of liability and strengthen your claim.
If you’ve been injured in a collision, contacting a car accident attorney near me as soon as possible is one of the most important steps you can take. With the right legal support, you can navigate the complexities of comparative negligence and pursue the full compensation you deserve.