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Can you file a claim if you’re partly at fault?

On Behalf of | Aug 13, 2025 | Car Accidents |

Accidents often involve more than one person making a mistake. If you got hurt and believe you may have contributed to the crash, Arizona law may still allow you to pursue compensation. The outcome depends on how fault is assigned and how much responsibility each person carries.

Arizona follows a pure comparative negligence rule

Arizona uses a rule called pure comparative negligence. You can file a personal injury claim even if you were mostly at fault, but the amount you recover depends on how much blame you carry.

For example, if you were 40% at fault, you could still recover 60% of your damages. This rule applies to motor vehicle accidents, pedestrian injuries and other personal injury cases. The law does not set a limit on how much fault you can have and still file a claim.

How fault is assigned

Fault depends on what the evidence shows. Investigators often rely on:

  • Police reports
  • Witness statements
  • Vehicle damage and scene photos
  • Traffic camera footage
  • Expert opinions

Insurance companies usually lead the investigation. You can dispute their conclusions if the facts support a different view.

Examples of shared fault

Here are examples where both parties may share blame:

  • You were speeding but the other driver failed to yield.
  • You didn’t signal but the other driver was distracted.
  • You crossed outside a crosswalk but the driver was going too fast.

Even if you didn’t follow every rule, you may still qualify to file a claim depending on the details of the incident.

Why legal help matters

After an accident, your health and recovery should be your top priority. If you’re dealing with injuries, missed work or stress about what comes next, you don’t have to figure it out alone. Insurance companies may try to shift more blame to lower their payments. If you’re unsure about your role in the crash, speak with someone who understands Arizona law and can explain your options. They can help protect your rights, gather evidence and work toward a resolution based on the facts.