Arizona Comparative Negligence: How Fault Affects Your Recovery

Arizona uses a "pure comparative negligence" system (ARS §12-2505), meaning you can recover damages from the other side even if you were mostly at fault for the accident. Your recovery is just reduced by your share of the blame. This is one of the most plaintiff-friendly rules in the country.

1. Pure comparative — no 50% bar

Unlike many states that bar recovery if you were 51% or more at fault, Arizona lets you recover even if you were 99% at fault. You'd only collect 1% of the damages, but you can still bring the case.

2. Your damages get reduced by your fault percentage

If a jury awards you $100,000 and finds you 30% responsible, you take home $70,000. If they find you 80% responsible, you take home $20,000.

3. Fault is decided by the jury

Both sides put on evidence, and the jury assigns percentages to every party — including non-parties in some cases. Skilled defense lawyers will try to push fault onto the plaintiff to shrink the payout.

4. Insurance adjusters use it to lowball

Even before any lawsuit, adjusters apply a comparative-fault discount to settlement offers. Don't accept an early offer without understanding how they assigned fault and whether it's reasonable.

5. Some claims have exceptions

Workers' comp, intentional torts, and certain product liability cases have different rules. If your situation involves any of those, the comparative-negligence math may not apply the same way.

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