Comparative Negligence: Recovering When You Were Partly at Fault
Insurance adjusters often lead with fault — you pulled out too far, you were going too fast, you should have seen it coming. In Arizona, being partly to blame does not end your claim. Arizona uses a rule called pure comparative negligence, and it is one of the most forgiving versions of that rule in the country.
What pure comparative negligence means in Arizona
Under pure comparative negligence, a jury assigns each party a percentage of the fault, and your recovery is reduced by your share — but it is not taken away. If you are found 30 percent responsible, you recover 70 percent of your damages. Arizona goes further than most states: even someone found overwhelmingly at fault can still recover the remaining percentage.
The narrow situation where fault does bar recovery
There is one meaningful exception. Arizona's comparative-fault statute does not help someone who intentionally, willfully, or wantonly caused their own injury. That is a deliberately high bar aimed at intentional conduct — it is not a way for an insurer to convert ordinary carelessness, like a moment of inattention, into a complete defense.
In Arizona, fault is the jury’s question to answer
Arizona's constitution treats defenses like assumption of risk and contributory negligence as questions the jury decides — not questions a judge resolves before trial. That matters in practice: an insurer's confident assertion that you were mostly to blame is an argument, not a ruling, and a jury is free to see the percentages very differently.
How Arizona compares with neighboring states
Many states use harsher rules that cut off recovery entirely once you cross 50 or 51 percent of the fault. Arizona does not, and neither do California or New Mexico — all three follow the pure version. If you were hurt in one state and live in another, which state's rule applies can matter a great deal, and it is worth sorting out early.
Why your fault percentage is worth arguing about
Because every point of fault assigned to you comes straight off your recovery, the percentage is usually where the real money in a case is won or lost. Adjusters know this, which is why early recorded statements so often circle back to what you could have done differently. Getting advice before you give one costs nothing, and a free, confidential review can tell you how the fault picture in your case is likely to be argued.
Frequently asked questions
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona follows pure comparative negligence, so your recovery is reduced by your percentage of fault rather than eliminated. Even a person found mostly at fault can recover the remaining share.
Is there any point where being at fault ends my claim?
Only in narrow circumstances — Arizona's rule does not protect someone who intentionally, willfully, or wantonly caused their own injury. Ordinary carelessness does not meet that standard.
The adjuster says I was 60 percent at fault. Is that final?
No. An adjuster's fault percentage is a negotiating position, not a decision. In Arizona, allocating fault is ultimately the jury's job, and those percentages frequently change once the evidence is developed.
Does Arizona use the same fault rule as California?
On this point, yes — both use pure comparative negligence, as does New Mexico. Other parts of their injury law differ substantially, so the state where your claim belongs still matters.
Related California injury law
Official resources
External links are provided for general reference and are not affiliated with the firm.
This is general information about California injury law, not legal advice. Every situation is different, and deadlines can turn on specific facts.
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