Schmidt, Sethi & Akmajian Blog

Understanding Arizona's Comparative Fault Rule

Posted by Dev Sethi | Jan 22, 2025 | 0 Comments

When you're injured in an accident in Arizona, determining who is at fault is a critical part of securing fair compensation. Arizona follows a "comparative fault rule," which can significantly impact the outcome of your personal injury claim. Understanding how this rule works is essential to protecting your rights and maximizing your recovery.

Under Arizona's comparative fault system (ARS § 12-2505), even if you are partially responsible for the accident, you may still be entitled to recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for a car accident and your total damages are $100,000, you would receive $80,000. This rule allows for a more equitable distribution of responsibility, ensuring that injured parties are not entirely barred from recovery simply because they share some blame.

That said, Arizona is a "pure comparative fault state," meaning - in most instances - you can recover damages even if you are 99% at fault. While this is favorable for plaintiffs, it also means insurance companies often try to shift as much blame as possible onto you or even non-parties to minimize their payout. This is why having strong evidence and skilled legal representation is crucial. Your attorney can help gather witness statements, accident reports, and expert testimony to counter these tactics and protect your claim.

If you've been injured in Arizona, don't let the complexities of comparative fault deter you from seeking justice. Reach out to an experienced personal injury attorney who can guide you through the process and fight for the compensation you deserve. Remember, even if you share some responsibility, Arizona law still allows you to recover.  

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.

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