Arizona law allocates fault by percentage – your recovery is reduced only by your percentage of fault. That is, even if you’re partially at fault, you still retain a recovery. People dealing with medical bills, time off work, and insurance pressure need clear rules that actually reflect how crashes happen in the real world. This guide gives you that clarity, without legalese.
Short answer: Yes, Arizona is an all-comparative negligence state
Arizona is a comparative pure negligence state. The percentage of fault for each party is determined by the judge or jury. Next, your total damages are reduced by the percentage of fault you are assigned. You may recover 70% of your damages if you are 30% at fault, for example. The statute also makes clear that intentional, willful, or wanton conduct isn’t protected by comparative negligence.
How the laws work in real life
The Arizona civil code also abolishes joint-and-several liability for the majority of cases that involve injury. Defendants only pay the share proportionate to fault, and juries may take fault of nonparties established before trial into account. There are limited exceptions (acting in concert, agency, and certain federal railroad claims).
Why this matters after a Phoenix wreck
Crashes occur daily, and outcomes are multifarious and widespread. In 2024, Arizona experienced 121,107 crashes, 1,117 fatal crashes, and 37,376 involving injuries. Those accidents killed 1,228 people and injured 54,426 throughout the state. Information such as this is why fault determination and careful evidence work can change the case.
Typical fault disputes we see
- A rear-end accident with claims that the front driver suddenly braked.
- A crosswalk collision involving competing over signals and speed.
- A dust-storm chain reaction on I-10 with multiple vehicles and unclear visibility..
In each of the three examples, essentially, the personal injury lawyer in Phoenix just asks the same simple question: who did what, and how much did it contribute to the cause of the injury?
Evidence that drives the needle
Comparative negligence is factual. Dramatic cases depend on police reports, snapshot images of the incident scene, dashcam or EDR (“black box”) information, phone records, medical histories, and believable witness depositions. An injury lawyer can connect these dots and counter exaggerated allegations of fault, especially when insurance corporations try to over-assign blame.
Points to consider
Arizona comparative negligence
Use this rule to your advantage. Even an enormous amount of fault does not invalidate your claim—it merely slices the award in proportion to your share. Build from day one with organized records and consistent medical care.
Multiple defendants and “several only” liability
Expect each defendant to argue over slices of the fault amount. Arizona allows juries to assign fault to disclosed nonparties fairly, which can revolutionize settlement negotiations and trial strategy.
What to do next (practical steps)
- See a doctor and follow up; gaps are lethal for causation arguments.
- Document evidence at the start: photographs, vehicle make/model, and witness names and numbers.
- Keep a neat paper trail—work time-off records, repair receipts, and all medical records.
- Do not make off-the-cuff comments to insurers; report facts, not opinions about fault.
If you would enjoy a calm, result-oriented discussion of your case, speak with a Phoenix personal injury lawyer who treats your case as if it matters most—because it does. Arizona comparative fault law leaves the door open even in joint fault, and the several-only system places liability where it should be. If you’ve been hurt, you don’t have to accept an insurer’s quick take on fault or value. Get a tailored case evaluation and strategy that you can count on. Phone Geoff Trachtenberg today for a free, no-holds-barred consultation.