Yes. Arizona generally allows an injured person to pursue a personal injury claim even when that person shares some responsibility for causing the accident, but any damages awarded may be reduced according to their percentage of fault.
This system is known as comparative negligence. Under Arizona law, a claimant’s action is not automatically barred because of contributory negligence; instead, recoverable damages are reduced in proportion to the claimant’s relative degree of fault.
How Does Comparative Negligence Work in Arizona?
Arizona Revised Statutes § 12-2505 provides the basic rule. If an injured person is found partially responsible for the incident, the amount of damages may be reduced by the percentage of fault assigned to that person.
For example, suppose an injured person has $100,000 in damages but is determined to be 25% responsible for the accident. Applying that percentage would reduce the potential recovery by $25,000, leaving $75,000.
The important point is that partial responsibility does not necessarily prevent a claim from moving forward.
A personal injury Lawyer can review the evidence surrounding an accident and help evaluate how an allegation of shared fault may affect the claim.
Can You Recover Damages If You Were Mostly at Fault?
Arizona’s comparative-negligence statute does not establish a 50% threshold that automatically prevents recovery in an ordinary negligence case. Instead, damages are generally reduced according to the claimant’s proportion of fault.
That means even a significant share of responsibility can affect the value of a claim without necessarily eliminating it.
There is an important statutory limitation, however. Arizona law states that comparative negligence is not available to a claimant who intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.
Because fault can have a direct financial effect on a case, determining what actually caused the injury is often one of the central issues in a personal injury dispute.
Who Determines the Percentage of Fault?
Fault may be disputed during insurance negotiations or, if a case proceeds to litigation, determined through the legal process.
Arizona law treats contributory negligence as a question of fact for the jury. The evidence may therefore be used to determine whether the injured person contributed to the accident and, if so, by what percentage.
Examples of evidence that may affect fault include:
- Police or collision reports
- Photographs and videos
- Witness statements
- Vehicle damage
- Traffic-camera or surveillance footage
- Cellphone records when distraction is alleged
- Road and weather conditions
- Medical documentation
- Testimony about how the incident occurred
A Law Firm evaluating an injury case should look beyond an initial accusation of fault and examine the evidence supporting each party’s version of events.
What If an Insurance Company Says You Caused the Accident?
An insurer may argue that the injured person contributed to the accident as a way of reducing the amount it believes should be paid.
That allegation does not necessarily establish the final percentage of fault.
For example, after a vehicle collision, one insurer might argue that the injured driver was speeding while the other driver failed to yield. The issue may become how much each action contributed to the collision rather than whether only one driver did something wrong.
This is why recorded statements, photographs, witness information, and other evidence should be handled carefully.
Local Lawyers familiar with Arizona negligence law can review whether the percentage being alleged is supported by the available evidence.
Can More Than One Person Be Responsible for an Injury?
Yes. Some accidents involve several people or entities whose actions contributed to the injury.
Arizona law generally provides that, in personal injury, property-damage, and wrongful-death actions, each defendant’s liability is several rather than joint, subject to statutory exceptions. The factfinder may consider the fault of each person who contributed to the injury when allocating responsibility.
This can become important in cases involving multiple vehicles, commercial drivers, property owners, contractors, or other parties.
A Law Office reviewing a claim may therefore investigate whether responsibility extends beyond the most obvious person involved in the incident.
Why Is Evidence of Fault Especially Important After an Arizona Crash?
Arizona recorded 118,052 traffic crashes in 2025, according to the Arizona Department of Transportation. Those crashes resulted in 1,156 fatalities, while speeding was involved in crashes that caused 19,831 injuries.
ADOT also reported that driver decisions such as speeding, impairment, and failing to use safety restraints remained significant contributors to serious crashes.
When multiple behaviors contribute to a collision, determining relative fault may require more than simply identifying who received a citation.
Evidence showing vehicle positions, speed, right-of-way, visibility, distraction, and other conditions may become relevant when insurers or the parties disagree about responsibility.
What Damages Can Be Reduced Because of Partial Fault?
When comparative negligence applies, the reduction is based on the claimant’s total damages.
Depending on the circumstances, a personal injury claim may include compensation associated with:
- Medical treatment
- Future medical needs
- Lost income
- Reduced earning capacity
- Property damage
- Pain and suffering
- Other legally recoverable losses
For example, if total damages are determined to be $80,000 and the injured person is assigned 20% of the fault, comparative negligence could reduce the recoverable amount by $16,000.
This makes both the calculation of damages and the assessment of fault important parts of the claim.
Should You Admit Fault After an Accident?
It is generally better to provide accurate factual information rather than speculate about legal responsibility.
Immediately after an accident, a person may not know all the circumstances that contributed to what happened. Other evidence may later show that another driver was distracted, speeding, failed to yield, or otherwise contributed to the incident.
Statements made to insurers can also become part of the claim record.
Rather than guessing about percentages of responsibility, preserve the evidence available and provide accurate information about what you observed.
When Should You Speak With a Lawyer About Shared Fault?
Legal guidance may be useful when an insurance company argues that you caused part of the accident, when several parties may share responsibility, or when the proposed percentage of fault substantially reduces the value of the claim.
At Whitney | Whitney | Baldridge | Atkinson, we help injured people evaluate liability, evidence, insurance issues, and damages under Arizona law. When fault is disputed, we can review the circumstances surrounding the accident and help determine how Arizona’s comparative-negligence rules may affect the claim.
If you were injured in Arizona and are concerned that partial fault could affect your ability to recover compensation, contact Whitney | Whitney | Baldridge | Atkinson or call (928) 753-5295 to discuss your circumstances.