Can I Still Get a Settlement if the Accident Was Partially My Fault?
It’s a common scene on the streets of Phoenix.
You are turning left off Camelback Road when a driver speeding through the intersection crashes into you. Or maybe you were changing lanes on I-10 and did not see a car in your blind spot, only to learn later that the other driver was distracted by their phone.
In these “he said, she said” situations, insurance companies often jump to one conclusion: you are at fault, so you get nothing.
Do not take their word for it. Arizona law tells a very different story.
Arizona’s Pure Comparative Negligence Rule
Arizona follows a legal doctrine called Pure Comparative Negligence. This rule is designed to protect accident victims, even when fault is shared.
Unlike many states, Arizona does not bar recovery simply because you were partially responsible for the crash.
As long as you were not 100 percent at fault, you still have the legal right to seek compensation.
What Does “Pure Comparative Negligence” Mean?
In some states, being more than 50 percent at fault means you recover nothing. Arizona is much fairer.
Under Pure Comparative Negligence, your compensation is reduced only by your percentage of fault. You are still entitled to recover the other party’s share of responsibility.
How the Math Works
Imagine a Phoenix jury determines your total damages—including medical bills, lost wages, and pain and suffering—equal $100,000.
Scenario A
You were 20 percent at fault for speeding, but the other driver was 80 percent at fault for running a red light.
You would recover $80,000.
Scenario B
You were 60 percent at fault for making a sudden lane change, but the other driver was 40 percent at fault because they were intoxicated.
You would still recover $40,000.
In Arizona, you could technically be 99 percent at fault and still legally recover 1 percent of your damages.
While our goal is always to prove the other party was fully responsible, this law provides a critical safety net for victims who made a mistake.
Why Insurance Companies Lie About Fault
Insurance adjusters in the Valley are trained to minimize payouts. If they can convince you that “Arizona law says you’re at fault,” they know many people will walk away without challenging it.
They often point to so-called “contributing factors” such as:
• Not wearing a seatbelt
• Driving slightly over the speed limit
• Failing to use a turn signal
These issues may affect percentage of fault, but they do not erase the other driver’s negligence.
Our job as Phoenix injury attorneys is to investigate the evidence thoroughly. That includes traffic camera footage from the City of Phoenix, black box data, and witness statements to ensure the smallest possible share of fault is placed on you.
The Seatbelt Defense in Arizona
Arizona does allow what is known as the “seatbelt defense.”
If you were not wearing a seatbelt, the defense may argue your injuries would have been less severe had you been buckled up. This can reduce a settlement under comparative negligence rules.
However, it does not prevent you from filing a claim and does not excuse the other driver’s conduct.
Do Not Admit Fault at the Scene
If you are involved in a crash near Sky Harbor or anywhere in the Valley, never admit fault to the other driver or the police.
Fault is a legal determination that involves factors you may not be aware of in the moment, such as distracted driving, intoxication, or mechanical failures.
State the facts, document the scene with photos, and then contact a lawyer who understands Arizona’s comparative fault laws.
Get the Fair Share You Deserve
A mistake on the road should not cost you your financial future. At Hartley Law, we focus on disputed liability cases and know how to push back when insurance companies try to shift blame onto injured victims.
📞 Call 844-844-1444
📝 Visit https://hartleylawusa.com/contact-us/ for a free case review.