Comparative Negligence Application in Arizona Motor Vehicle Injury Cases

When you get hurt in a crash in Arizona, fault is rarely simple. Maybe you glanced at your phone. Maybe the other driver sped through a yellow light. Arizona uses a system called comparative negligence. That means a court can say you both share blame. Your money award then drops by your share of fault. You can still bring a Personal Injury claim even if you were mostly at fault. The other driver and the insurance company will use this rule against you. They will push to raise your share of blame and cut what you receive. You need to understand how fault gets measured, what evidence matters, and how your own words can hurt your case. This blog explains how comparative negligence works in Arizona motor vehicle injury cases, how it affects your choices, and how you can protect your right to fair payment.

What Comparative Negligence Means In Arizona

Arizona uses “pure comparative negligence.” The law is in Arizona Revised Statutes section 12‑2505. You can read the statute on the official Arizona Legislature website.

Under this rule, a court looks at everyone’s conduct. The court then assigns a percentage of fault to each person. Your money award falls by that same percentage.

In simple terms:

• You can recover money even if you were 99 percent at fault.
• You cannot recover the part of your loss that matches your share of fault.
• The other side will fight to increase your share of fault.

How Fault Changes Your Money Award

Here is a basic comparison. This table shows how different shares of fault change a possible award of 100,000 dollars. These numbers are only examples. Your case will be different.

Share of fault assigned to you	Starting damages assessed by court	Reduction for your fault	Final amount you can receive
0 percent	$100,000	$0	$100,000
10 percent	$100,000	$10,000	$90,000
25 percent	$100,000	$25,000	$75,000
50 percent	$100,000	$50,000	$50,000
75 percent	$100,000	$75,000	$25,000
99 percent	$100,000	$99,000	$1,000

First, notice one key point. You still recover something in every example except when you are at zero damages. That is the power and the risk of pure comparative negligence.

Common Ways Fault Gets Shared In Crashes

In many Arizona motor vehicle cases, both drivers made mistakes. Some examples include:

• You were speeding. The other driver turned left across your path.
• You did not use a turn signal. The other driver followed too close and rear‑ended you.
• You glanced at a text. The other driver ran a red light.

In each situation, a court can say both of you share blame. The court will then split fault based on the proof you bring.

Evidence That Shapes Comparative Negligence

Comparative negligence is not guesswork. It rests on evidence. You should focus on three main groups of proof.

1. What police and official records show

• Police crash report.
• Traffic tickets or citations.
• Diagram of the crash scene.

These documents do not control the final outcome. They still influence how insurers and courts view fault.

2. What people and devices saw

• Witness statements.
• Dash camera footage.
• Business or home security video.
• Event data from the vehicles if available.

Video and data can show speed, braking, and lane position. That can support or weaken claims about your conduct.

3. What physical proof shows

• Photos of the scene.
• Damage to each vehicle.
• Skid marks and debris.
• Weather and lighting conditions.

These details tell a story about how the crash happened. They can limit unfair blame.

How Insurance Companies Use Comparative Negligence

Insurers watch for any fact that hints at fault. They may claim you:

• Drove too fast for traffic or weather.
• Failed to keep a proper lookout.
• Did not wear a seat belt.
• Made a sudden lane change.

Each claim becomes a reason to lower what they offer. Every 5 or 10 percent of fault they place on you cuts your payment. That pressure can feel harsh when you are hurt and scared.

The National Highway Traffic Safety Administration provides crash and safety information that can help you understand common risk factors. You can review data and reports at the NHTSA Traffic Safety Facts page.

Steps You Can Take After A Crash

You cannot change the moment of impact. You can still take smart steps right after a crash to protect yourself under comparative negligence rules.

Right after the crash, try to:

• Call 911 and request police and medical help.
• Move to a safe place if you can do so without risk.
• Exchange contact and insurance information.
• Take photos of vehicles, the road, traffic signs, and your injuries.
• Collect names and contact details of witnesses.

In the days that follow, you should:

• Get medical care and follow the treatment plan.
• Keep copies of bills, receipts, and work records.
• Write a short timeline of what you remember.
• Avoid posting about the crash on social media.

Every record you keep can counter claims that you were careless or that your injuries came from something else.

How Your Words Can Change Fault

Your own words can raise your share of fault. Insurers listen for phrases like:

• “I am sorry.”
• “I did not see the other car.”
• “I was in a hurry.”

These statements can seem polite. They can later appear in reports as admissions of fault. You can stay calm and respectful without guessing who caused the crash.

You can say:

• “Everyone okay” to check on safety.
• “We should let the officers sort it out.”
• “I want to give a full statement after I have medical care.”

Comparative Negligence With Passengers And Children

Many crashes involve families. You may have children in the car. Comparative negligence works differently for passengers.

• Passengers usually do not share fault for how the driver drove.
• Children face special protections under Arizona law.
• A passenger claim can succeed even if the driver of that car was mostly at fault.

This means your child’s claim may stay strong even if your own claim faces a reduction for your share of fault.

Why Comparative Negligence Should Not Stop You From Seeking Help

You may feel shame or anger about your role in a crash. You may think your own mistake cancels your rights. Under Arizona law, that belief is wrong.

Remember three truths:

• You can still bring a claim even if you made mistakes.
• Your share of fault only reduces your recovery. It does not erase it.
• Strong evidence can keep unfair blame off your shoulders.

Comparative negligence in Arizona motor vehicle injury cases is strict. It is also clear. When you understand how fault works, you can make steady choices that protect your health, your family, and your claim.