Yes! You can recover damages even if you partially caused the accident. This is called comparative fault or comparative negligence and Arizona is a “comparative negligence” state.
ARIZONA LAW ON COMPARATIVE NEGLIGENCE
Comparative negligence is a fancy way of saying each party is responsible for their own negligence. In Arizona, even if you are 80% at fault for an accident, you can still recover 20% of your damages, citing ARS § 12-2505.
12-2505. Comparative negligence; definition
- The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.
- In this section, “claimant’s fault” includes the fault imputed or attributed to a claimant by operation of law, if any.
If you are involved in an accident and it is partly your fault, you need an experienced attorney because the adverse insurance company will argue that you are completely at fault for the accident and your injuries.
DO NOT HANDLE A COMPARATIVE FAULT CASE ALONE
If you were injured, you are entitled to be treated fair. Even if you partially caused the accident you are entitled to your share of damages.
If an insurance company is blaming you for an accident and your injuries, call an experienced attorney to assist you.
Kester Law Group is an injury firm located at 11201 N. Tatum Blvd. Suite #300 in Phoenix, Arizona, 85028. Kester Law Group handles all injury claims including wrongful death, medical malpractice, burn injuries, dog bite injuries, trucking accident injuries, motorcycle accident injuries, car accident injuries, slip and fall injuries, premises liability, workers compensation, etc.
Gary A. Kester and Kester Law Group are rated 10/10 “Superb” on AVVO and are recognized as top rated attorneys by the National Trial Lawyers, National Academy of Personal Injury Attorneys and American Institute of Personal Injury Attorneys.
Call now (480) 771-6000 for a free, no obligation, consultation.