Can I Still Get a Settlement if the Accident Was Partially My Fault?

It’s a common scene on the streets of Phoenix: You’re turning left off of Camelback
Road, and someone speeding through the intersection hits you. Or perhaps you were
changing lanes on the I-10 and didn't see a car in your blind spot—but that driver was
distracted by their phone.
In these "he-said, she-said" scenarios, the insurance company might tell you that you
are at fault and therefore entitled to nothing.
Do not take their word for it.
Arizona follows a specific legal doctrine known as Pure Comparative Negligence.
Under this rule, you can still recover compensation for your injuries even if you were
partially—or even mostly—responsible for the accident.

What is "Pure Comparative Negligence"?
In many other states, if you are 51% at fault, you are barred from recovering a single
penny. Arizona is much fairer to victims.
Pure Comparative Negligence means that your recovery is simply reduced by your
percentage of fault. As long as you were not 100% responsible, you have a legal right to
seek damages from the other party for their share of the blame.
How the Math Works:
Imagine a Phoenix jury determines your total damages (medical bills, lost wages, and
pain and suffering) equal $100,000.
 Scenario A: You were 20% at fault for speeding, but the other driver was 80% at
fault for running a red light. You would receive $80,000.
 Scenario B: You were 60% at fault for a sudden lane change, but the other
driver was 40% at fault because they were intoxicated. You would still receive
$40,000.

In Arizona, you could technically be 99% at fault and still legally recover 1% of your
damages. While we always strive to prove the other party is 100% liable, this rule
provides a safety net for victims who made a mistake.

Why Insurance Companies Lie About Fault
Insurance adjusters in the Valley are trained to save their companies money. If they can
convince you that "Arizona law says you’re at fault," they know you might give up and
drop your claim.
They often use "contributing factors" to scare you, such as:
 You weren't wearing a seatbelt.
 You were traveling 5 mph over the speed limit.
 You didn't use a turn signal.
While these factors might lead to a percentage of fault being placed on you, they do not
cancel out the other driver's negligence. Our job as your Phoenix injury attorneys is to
investigate the evidence—using traffic camera footage from the City of Phoenix or black
box data—to ensure the smallest possible percentage of fault is assigned to you.

The "Seatbelt Defense" in Arizona
It is worth noting that Arizona has a specific rule regarding seatbelts. If you were not
wearing one, the defense can argue that your injuries would have been less severe if
you had been buckled up. This is a form of comparative negligence that can reduce
your settlement, but again, it does not prevent you from filing a claim.

Don't Admit Fault at the Scene
If you are involved in a wreck near Sky Harbor or anywhere in the Valley, never admit
fault to the other driver or the police. Fault is a legal conclusion that involves
complex factors you may not see in the heat of the moment (like the other driver's
phone usage or mechanical failures).

State the facts to the officer, take photos of the scene, and then call a lawyer who
understands Arizona’s comparative fault laws.
Get the Fair Share You Deserve
Don't let a mistake on the road cost you your financial future. At [Your Firm Name], we
specialize in "disputed liability" cases. We know how to push back against insurance
companies that try to blame the victim.
Give us a call
📞 Call 844-844-1444 or
📝 visit https://hartleylawusa.com/contact-2/ for a free, urgent case review.