Can I Still Get Compensation if I Was Partly at Fault?

Accidents often involve multiple parties, and determining fault can be complex. If you’ve been injured in Arizona and believe you may be partially responsible, it’s crucial to understand how the state’s laws affect your ability to seek compensation.

Understanding Arizona’s Pure Comparative Negligence Rule

Arizona adheres to a ‘pure comparative negligence’ system, as outlined in A.R.S. § 12-2505. This legal framework allows individuals to recover damages even if they are predominantly at fault for an accident. Specifically, your compensation is reduced in proportion to your degree of fault. For instance, if you’re found 40% responsible for an accident resulting in $100,000 in damages, you would still be eligible to recover $60,000.

Recent Case Example: Vande Krol v. Superstition/Benchmark

In the 2025 case of Vande Krol v. Superstition/Benchmark, the Arizona Supreme Court addressed issues related to employer liability and workers’ compensation. While the case primarily focused on workers’ compensation statutes, it underscored the importance of understanding fault and liability in personal injury cases. The court emphasized that even if an employer’s actions were negligent, they must have been intentional to bypass workers’ compensation exclusivity. This case highlights the complexities involved in determining fault and the necessity of legal expertise in such matters.

How Fault is Determined

Determining fault involves a thorough investigation, including:

• Reviewing police reports and accident documentation.
• Gathering witness statements.
• Analyzing physical evidence from the scene.
• Consulting with accident reconstruction experts.

Insurance companies often conduct their own assessments and may attempt to assign a higher percentage of fault to reduce their payout. It’s essential to have experienced legal representation to advocate on your behalf and ensure a fair evaluation of fault.

Why Legal Representation Matters

Understanding and navigating Arizona’s comparative negligence laws can be challenging. An experienced personal injury attorney can:

• Evaluate the specifics of your case.
• Gather and present evidence to accurately determine fault.
• Negotiate with insurance companies to secure fair compensation.
• Represent you in court if necessary.

Even if you believe you were partially at fault, you may still be entitled to significant compensation. Don’t let uncertainty prevent you from seeking the justice you deserve.

Contact Hirsch Talcott at 602-903-6000 for a free consultation. Our experienced attorneys are here to help you understand your rights and pursue the compensation you deserve.