Understanding Arizona’s Comparative Negligence Laws in Car Accident Cases
Can you still get compensation if you were partially at fault? Yes—here’s how it works.
After a car accident in Arizona, you might be wondering: “Can I still file a claim if I was partly to blame?” The answer is yes—thanks to Arizona’s comparative negligence laws. At McHone Law, we help clients across Mesa, Phoenix, Tempe, and Gilbert understand their rights and fight for compensation—even when fault is shared.
In this post, we’ll explain how comparative negligence works in Arizona, how it affects your compensation, and why having a skilled attorney can make the difference between a denied claim and a fair settlement.
What Is Comparative Negligence?
Comparative negligence is a legal rule used to determine how fault is divided between parties involved in an accident. In Arizona, this means that you can still recover damages even if you were partially at fault, as long as someone else also contributed to the crash.
For example:
- If you were 20% at fault and your damages totaled $100,000, you could still recover $80,000.
- If you were 60% at fault, you could recover $40,000.
- There’s no cutoff—you can recover damages even if you’re 99% at fault, though your payout would be minimal.
Arizona Is a Pure Comparative Negligence State
Not all states are this generous. Arizona follows a pure comparative negligence rule, which differs from states with "modified" systems that bar recovery after 50% fault. That makes it even more important to have a lawyer who understands how to minimize your percentage of fault in negotiations or in court.
How Insurance Companies Use This Against You
Insurance adjusters love comparative negligence—because it gives them a reason to blame you and reduce what they owe. Even if you were hit by a speeding driver, they might try to say you:
- Braked too late
- Failed to signal
- Were distracted
- Didn’t wear a seatbelt
Every percentage point of blame they shift onto you saves them money. That’s why we push back hard—gathering evidence, consulting with experts, and defending your side of the story.
How McHone Law Helps You Protect Your Compensation
We investigate your crash, analyze every contributing factor, and build a case that makes your strongest version of events clear. Our goal is simple:
- Prove the other party’s negligence
- Limit your share of fault
- Maximize your payout
We’ve helped clients in highly contested accidents recover hundreds of thousands—even millions—in compensation, even when other lawyers walked away from the case.
Worried You Might Be Partially At Fault? Talk to Us First.
Comparative fault doesn’t mean you don’t have a case. It means you need the right legal strategy. At McHone Law, we take your case seriously—even if others won’t.
📞 Call (480) 737-7391 or contact us online for a free consultation. No fees unless we win.



