Arizona comparative negligence lets you recover damages after a car accident even if you were partly at fault. Under A.R.S. § 12-2505, Arizona follows pure comparative fault: a jury reduces your award by your percentage of fault, so a driver found 40% at fault can still recover 60% of their damages. The main exceptions involve intentional or willful conduct and drivers who were impaired and at least 50% at fault.
By James Eashoo, Founder, Moreno & Rodriguez
Insurance adjusters often tell injured drivers they were "partly to blame," hoping the driver will give up the claim. Moreno & Rodriguez represents people hurt in crashes across Arizona, and many of those clients share some fault. This guide from Moreno & Rodriguez explains how Arizona divides fault, how it affects your recovery, and the exceptions that matter.
Arizona follows pure comparative negligence
Arizona is a pure comparative negligence state, so partial fault reduces an injured person's damages but does not bar recovery. A.R.S. § 12-2505 directs the jury to reduce the full damages by the injured person's share of fault. The rule applies to car accidents and most other personal injury claims.
Under A.R.S. § 12-2505(A), the defense of contributory negligence in Arizona is a question for the jury, and a claimant's own fault does not bar recovery. Instead, the full damages are reduced in proportion to the claimant's relative degree of fault.
The Arizona Constitution reinforces the jury's role, and judges generally cannot take the fault question away from the jury:
"The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury."
How partial fault changes an Arizona car accident recovery
Arizona's pure comparative fault rule reduces the total damages by the injured person's fault percentage, at any level of fault. The table below uses $100,000 in total damages to show the math. Actual damages depend on medical bills, lost income, and the effect of the injuries on daily life.
| Your share of fault | Reduction | Amount you can recover on $100,000 in damages |
|---|---|---|
| 0% | $0 | $100,000 |
| 20% | $20,000 | $80,000 |
| 50% | $50,000 | $50,000 |
| 75% | $75,000 | $25,000 |
Can you recover if you were more than 50% at fault in Arizona?
Yes, in most cases. Arizona does not use a 50% or 51% cutoff, so a driver found 60% or 75% at fault can still recover the remaining share from the other driver. The two main exceptions are intentional or willful conduct and impaired drivers who were at least 50% responsible.
Arizona's fault rule compared with neighboring states
Comparative fault rules vary widely across the Southwest, which matters for crashes involving out-of-state drivers or road trips. Arizona and California both use the pure form, while Nevada and Texas bar recovery once the injured person's fault passes a threshold.
| State | Rule | Can you recover at 60% fault? | Source |
|---|---|---|---|
| Arizona | Pure comparative negligence | Yes, reduced by 60% | A.R.S. § 12-2505 |
| California | Pure comparative negligence | Yes, reduced by 60% | Li v. Yellow Cab Co. (1975) |
| Nevada | Modified comparative (barred if greater than the defendants' combined fault) | No | NRS 41.141 |
| Texas | Modified comparative (barred above 50%) | No | Tex. Civ. Prac. & Rem. Code § 33.001 |
| Best for | Injured people who share significant fault: Arizona and California |
Arizona defendants pay only their own share of fault
Arizona generally uses several liability, so each at-fault defendant pays only their percentage of the damages. Under A.R.S. § 12-2506, a jury assigns fault to every responsible person, including people who are not parties to the lawsuit. Fault assigned to a nonparty reduces what the named defendants pay.
Under A.R.S. § 12-2506, each Arizona defendant's liability is several only, meaning the defendant pays damages in proportion to their own percentage of fault, with narrow exceptions such as people acting in concert. A defendant who wants the jury to assign fault to a nonparty must give notice before trial.
Why nonparty fault matters in a multi-car crash
In a chain-reaction crash or a crash involving a phantom driver, defendants often blame someone who is not in the case. If a jury assigns 30% of the fault to a driver who left the scene, the named defendants pay only their own shares, and the injured person must look to other coverage, such as uninsured motorist coverage, for the rest.
Exceptions to Arizona's comparative negligence rule
Arizona's comparative negligence rule has a few limits that can reduce or bar a recovery. Insurers raise these exceptions often, so they are worth understanding before talking to an adjuster.
- Impaired drivers at least 50% at fault. Under A.R.S. § 12-711, a defendant has a defense if the claimant was under the influence of alcohol or drugs and, as a result, was at least 50% responsible for the injury.
- Intentional, willful, or wanton conduct. Under A.R.S. § 12-2505(A), there is no right to comparative negligence for a claimant who intentionally, willfully, or wantonly caused or contributed to their own injury, so that conduct can bar recovery instead of only reducing it.
- Not wearing a seat belt. In Law v. Superior Court, 157 Ariz. 147 (1988), the Arizona Supreme Court held that a jury may reduce damages when a person unreasonably failed to wear an available seat belt, but only for injuries the belt would have prevented or lessened.
The seat belt rule is narrow. Under Law v. Superior Court, the defendant must prove which injuries a seat belt would have prevented, and the reduction applies only to those injuries, not to the whole claim. Arizona crash data shows why insurers raise the issue: the Arizona Department of Transportation reported 340 people killed and 3,088 injured in 2024 while not using a safety device.
How insurers use partial fault in Arizona car accident claims
Insurance adjusters use comparative negligence to lower settlement offers by assigning the injured person a share of fault. Every 10% of fault an adjuster assigns cuts 10% from the claim's value. Evidence about speed, distraction, lane position, and signals decides those percentages.
The Arizona Department of Transportation reported at least 8,289 distracted drivers involved in 2024 crashes in its 2024 Crash Facts report. Distraction, speeding, and failure to yield are the issues adjusters most often use to shift fault, which makes phone records, dashcam video, and witness statements valuable.
Evidence that helps answer a partial-fault argument in Arizona includes:
- The police crash report, including the officer's diagram and any citations issued.
- Photos and video of the vehicles, the scene, traffic signals, and sightlines.
- Witness statements taken soon after the crash.
- Vehicle data, such as event data recorder downloads showing speed and braking.
- Medical records that connect each injury to the crash.
Arizona deadlines still apply when fault is shared
Shared fault does not extend the time to file. Arizona personal injury lawsuits must generally be filed within two years under A.R.S. § 12-542, and claims against a public entity require a notice of claim within 180 days under A.R.S. § 12-821.01.
Under A.R.S. § 12-542, an Arizona injury lawsuit must be filed within two years after the cause of action accrues, and a wrongful death claim accrues on the date of death. A claim against a city, county, or state agency must also meet the 180-day notice requirement of A.R.S. § 12-821.01, which includes stating a specific settlement amount.
Talk with Moreno & Rodriguez about a shared-fault car accident
Moreno & Rodriguez represents injured people in Arizona car accident claims and other personal injury cases, including crashes where fault is disputed. Common questions are answered on our FAQ page, and you can read about founder James Eashoo and the firm.
Call (877) 800-3826 or contact Moreno & Rodriguez online for a free consultation.
Frequently asked questions about comparative negligence in Arizona
Is Arizona a pure comparative negligence state?
Yes. Under A.R.S. § 12-2505, Arizona follows pure comparative negligence. An injured person's damages are reduced by their percentage of fault, but partial fault does not bar recovery, even when the injured person was more at fault than the other driver.
Can I recover damages if I was 50% at fault in an Arizona car accident?
Yes. Arizona has no 50% or 51% cutoff, so a driver found 50% at fault can recover half of their damages. The main exception is A.R.S. § 12-711, which provides a defense when the injured person was under the influence of alcohol or drugs and at least 50% responsible as a result.
Who decides fault percentages in an Arizona car accident?
In a lawsuit, the jury decides. Article 18, Section 5 of the Arizona Constitution requires that contributory negligence always be a question of fact left to the jury. Before trial, insurance adjusters estimate fault percentages during settlement talks, and those estimates are often disputed.
Does not wearing a seat belt reduce damages in Arizona?
It can. In Law v. Superior Court (1988), the Arizona Supreme Court held that a jury may reduce damages for unreasonable failure to wear an available seat belt. The reduction applies only to injuries the seat belt would have prevented or reduced, and the defendant must prove that connection.
Is Arizona joint and several liability?
Generally no. Under A.R.S. § 12-2506, Arizona uses several liability, so each defendant pays only their own percentage of fault. Exceptions are narrow, such as defendants who acted in concert. Fault can also be assigned to a nonparty if a defendant gives proper notice before trial.
How long do I have to file a car accident lawsuit in Arizona if I was partly at fault?
Partial fault does not change the deadline. Most Arizona car accident injury lawsuits must be filed within two years under A.R.S. § 12-542. Claims against a public entity require a written notice of claim within 180 days under A.R.S. § 12-821.01.
Moreno & Rodriguez. Attorney responsible for this content: James Eashoo, licensed in Arizona. Office: 4742 N 24th St., Suite 300, Phoenix, AZ 85016. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
