Arizona Comparative Fault: Can I Still Sue If I Was Partly at Fault? (2026)
Quick Answer
Yes, you can still sue and recover damages even if you were partly at fault in Arizona. Arizona follows pure comparative negligence under A.R.S. § 12-2505. This means you can recover compensation even if you were 99% responsible for the accident—your award is simply reduced by your percentage of fault. For example, if you had $100,000 in damages and were 60% at fault, you could still recover $40,000.
Last Updated: January 2026
Key Takeaways
- Arizona uses pure comparative negligence—recover even at 99% fault
- Your award is reduced by your percentage of fault
- Arizona is more favorable than most states for partially-at-fault victims
- Insurance companies aggressively try to inflate your fault percentage
- An experienced attorney can challenge and reduce your assigned fault
How Your Fault Affects Recovery
| Your Fault % | Total Damages | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 25% | $100,000 | $75,000 |
| 50% | $100,000 | $50,000 |
| 75% | $100,000 | $25,000 |
| 90% | $100,000 | $10,000 |
| 99% | $100,000 | $1,000 |
What Is Pure Comparative Negligence?
The Formula for Calculating Your Recovery
How Arizona Compares to Other States
- Pure Comparative (Arizona, California, New York, Florida): Recover at any fault level, reduced by your percentage
- Modified Comparative - 51% Bar (Illinois, Texas, Colorado): No recovery if 51% or more at fault
- Modified Comparative - 50% Bar (Georgia, Tennessee, Utah): No recovery if 50% or more at fault
- Contributory Negligence (Virginia, Maryland, Alabama, DC): No recovery if even 1% at fault
Common Accidents Where Fault Is Shared
Left-Turn Accidents
- The oncoming driver was speeding
- The oncoming driver ran a yellow or red light
- Visibility was obstructed
Rear-End Collisions
- The lead driver stopped suddenly without reason
- The lead driver's brake lights were not working
- The lead driver cut you off
Lane-Change Accidents
- Both drivers merged simultaneously
- One driver was in a blind spot
- Neither signaled properly
Parking Lot Collisions
- Both cars may have been moving
- Sight lines are often blocked
- Right-of-way is unclear
How Insurance Companies Try to Inflate Your Fault
- Taking your words out of context: A simple 'I didn't see them' becomes evidence you were not paying attention
- Using your apology against you: Saying 'I'm sorry' is twisted into an admission of fault
- Misinterpreting physical evidence: Skid marks, damage patterns, and debris locations can be manipulated
- Blaming you for not avoiding the accident: They argue you could have braked harder or swerved
- Claiming you were distracted: They look for any evidence of phone use, passengers, or other distractions
- Social media surveillance: They search your profiles for posts that contradict your claims
How to Protect Yourself and Minimize Assigned Fault
At the Accident Scene
- Do NOT admit fault or apologize
- Take photos and videos of everything—vehicles, damage, road conditions, traffic signs
- Get contact information from all witnesses
- Call the police and get an accident report
- Note the time, weather, and lighting conditions
After the Accident
- Seek medical attention within 24-48 hours
- Do NOT give recorded statements to the other insurance company
- Do NOT post about the accident on social media
- Keep all medical records and receipts
- Consult with an attorney before accepting any offer
Why Hiring a Lawyer Matters in Shared-Fault Cases
- Investigating the accident thoroughly: Gathering evidence the insurance company overlooked
- Hiring accident reconstruction experts: To challenge the insurer's version of events
- Interviewing witnesses: Getting statements that support your account
- Analyzing police reports: Identifying errors or omissions
- Negotiating aggressively: Pushing back on inflated fault assignments
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Frequently Asked Questions
Can I sue if I was 50% at fault for my Arizona car accident?
Yes! Under Arizona's pure comparative negligence law, you can recover 50% of your damages. In modified comparative negligence states like Illinois, you would recover nothing at 50% fault.
What if I was mostly at fault for my accident?
You can still recover in Arizona. Even if you were 80% at fault and had $100,000 in damages, you could recover $20,000. That is money you would lose entirely in most other states.
Who decides the fault percentages?
If your case settles, fault is negotiated between the parties and their insurance companies. If it goes to trial, a jury decides. An attorney can help challenge unfair fault determinations.
Can my fault percentage be reduced after it is assigned?
Yes. Initial fault assignments by insurance companies are not final. An experienced attorney can gather evidence, hire experts, and negotiate to reduce your assigned fault.
Does comparative fault apply to cases other than car accidents?
Yes. Arizona's pure comparative negligence rule applies to all personal injury cases including truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and slip-and-fall cases.
Should I admit partial fault to the insurance company?
Never. Even if you think you were partly at fault, do not admit it. Insurance companies will use any admission to maximize your fault percentage and minimize your payout. Let an attorney review the evidence first.
Related Resources
This article provides general information and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.
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