Getting hurt in a car accident is already a lot to deal with. But when both drivers may have done something wrong, figuring out who pays for what gets even more confusing. Arizona has a rule called comparative negligence, and it affects how much money you can get after a crash—even if the accident wasn’t entirely someone else’s fault.
If you’re recovering from a crash and unsure whether you can still file a claim, you’re not alone. Insurance companies often try to blame the injured driver to pay out less. That’s why it helps to know how fault works in Arizona and when it’s time to speak with a lawyer. If you’re dealing with this right now, check out autoinjuryfirm.com for helpful info and support.
What Comparative Negligence Means in Arizona
Arizona uses a system called pure comparative negligence to handle accidents. It means that more than one person can share blame for a crash. You can still file a claim and get money for your injuries and car damage, even if you were partly at fault. However, the amount you get goes down based on how much of the blame a jury determines should be placed on you.
For example, let’s say you were in a car wreck in Scottsdale. You look down to change the radio station, and the other driver ran a stop sign. The insurance company says you’re 30% at fault. If your total damages add up to $100,000, you’d still get $70,000—because your share of fault takes 30% off your payout.
Even if you’re 90% at fault, Arizona still lets you collect the other 10%. It’s not common, but it is allowed. This system gives everyone a fair shot to recover money, but it also gives insurance companies a reason to try and put more of the blame on you. That’s where a car accident lawyer can really help.
When Shared Fault Happens in a Crash
Many crashes aren’t 100% one person’s fault. It’s common for both drivers to make mistakes. That’s when Arizona’s shared fault rule kicks in. These types of crashes can happen just about anywhere—on highways, side streets, or even in parking lots.
Here are a few examples of situations where fault might be split:
- One car speeds through a yellow light while the other runs a red
- A driver texts behind the wheel and another makes an illegal turn
- Two cars back up into each other at a grocery store lot
- A driver fails to use a turn signal while the other is going too fast
- One vehicle changes lanes without checking, and the other is tailgating
In these cases, insurance adjusters try to figure out who caused what part of the crash. But they don’t always get it right. They might try to blame you more than is fair so they don’t have to pay as much. That’s why it’s important to have someone on your side who knows how to push back.
Why a Car Accident Lawyer Can Help
Dealing with shared fault isn’t easy, especially when you’re hurt and just trying to recover. Insurance companies know the rules better than most people, and they use that to their advantage. A lawyer who handles car accidents in Arizona knows how to challenge lowball offers and unfair blame.
A lawyer can review your police report, talk to witnesses, and make sure your side of the story is heard. They can also figure out if someone else—like a vehicle maker or road crew—shares part of the blame.
There are also strict deadlines to file a claim in Arizona. You usually have two years from the date of the crash, but could have as little as months. If you miss these deadline(s), you lose the chance to get any money at all. A lawyer will keep track of the paperwork and deadlines so you don’t have to.
What to Do After a Crash With Shared Fault
If you were in a wreck where both drivers may be at fault, you need to be careful about what you do next. Everything you say and do could impact how much money you get.
Here are some simple steps to protect your claim:
- Take photos of the crash, car damage, and your injuries
- Ask for contact info from all drivers and any witnesses
- Get a copy of the police report and check it for mistakes
- Don’t admit fault or say “sorry” at the scene
- Keep records of doctor visits, car repairs, and lost income
- Stay off social media when it comes to talking about the crash
And most importantly, talk to a lawyer before you deal with the insurance company alone.
Speak With an Arizona Car Accident Lawyer Today
Trying to figure out who was at fault—and how much you can recover—can be confusing. If you were hurt in a crash and the insurance company says you’re partly to blame, don’t go through it on your own. A trusted Arizona car accident lawyer can help you fight for the money you need to recover. Don’t wait until your options run out. Reach out now and get someone on your side.
