How Arizona’s Comparative Fault Law Impacts Shared Liability in Tempe Crashes

Most drivers assume car accidents are black and white—someone is at fault, and someone isn’t. But in Arizona, that’s not how the law works. Even in crashes where it seems clear who caused the wreck, the legal system often splits responsibility between both drivers.

This concept is called comparative fault, and if you’ve been in a collision anywhere in Tempe—from Holdeman to the Downtown area—it’s essential to understand how it could impact your case.

Comparative fault can reduce the amount of money you receive, even if the other driver was primarily to blame. It’s one of the most common ways insurance companies limit payouts after crashes in Arizona. That’s why understanding your position under this law could mean the difference between a fair settlement and walking away with only a fraction of what you're owed.

Arizona Uses a “Pure” Comparative Fault System

Under Arizona law, you can recover compensation for a car accident even if you’re partially at fault. The catch? Your recovery is reduced by your percentage of fault.

This is known as pure comparative negligence, and Arizona is one of a handful of states that uses it in its pure form. That means if you're found 90% responsible, you can still recover 10% of your damages.

For example:

• You’re rear-ended in South Tempe but your brake lights weren’t working.

• The court finds you 30% at fault.

• Your damages total $100,000.

• You receive $70,000 after the 30% reduction.

While this law can benefit victims who might otherwise be barred from recovering anything, it’s also often used by insurance companies to shift blame onto you—even unfairly.

How Insurers Use Comparative Fault Against You

Insurance adjusters are trained to find any reason to assign partial blame to the injured party. Even something as minor as speeding slightly, failing to signal a turn, or not wearing a seatbelt could be used to argue for shared fault.

If you were in a T-bone crash at a confusing intersection like Broadway and Mill, an adjuster might argue:

• You “should have seen the car coming”

• Your speed prevented you from avoiding the impact

• You were distracted, based on cell phone use

These tactics are especially common in collisions involving distracted drivers, pedestrians, or shared-space crashes like parking lot accidents.

Common Situations Where Fault Is Shared

Comparative fault comes up more often than you might expect. Here are real-world scenarios in Tempe where shared liability might apply:

• A pedestrian is struck crossing mid-block at night, but the driver was speeding.

• Two vehicles crash while merging near the 60 ramp—both drivers claim the other swerved.

• A DUI driver causes a wreck, but the sober victim had a history of aggressive driving and hit the brakes abruptly.

In each of these cases, both parties could be assigned a percentage of blame—and damages would be reduced accordingly.

You can learn more about how these assessments are handled by browsing Arizona civil law references on azcourts.gov.

Fault Can Be Assigned Even Without a Ticket

One of the most misunderstood parts of Arizona crash law is that police reports and traffic citations do not determine legal liability.

You could be found partially at fault in a civil case even if the police didn’t ticket you—or even if they cited the other driver.

In fact, Tempe accident reports filed through Tempe PD often include vague or one-sided statements. If you don’t challenge the assumptions early, they can follow your claim all the way to settlement negotiations or court.

How Fault Percentages Are Decided

There’s no automatic formula for determining fault. Instead, fault is evaluated based on:

• Police reports

• Eyewitness statements

• Vehicle damage

• Surveillance or dashcam footage

• Expert accident reconstruction (in serious cases)

If you're dealing with an adjuster after a DUI crash or rideshare accident, expect them to conduct an internal investigation to find ways to shift part of the blame onto you.

This is where documentation matters—photos, medical records, vehicle damage assessments, and traffic camera footage all play a role in countering blame-shifting tactics.

Why Legal Strategy Matters in Comparative Fault Cases

If you're found 10% at fault in a $500,000 claim, that’s a $50,000 loss. Fault assessments directly impact the size of your recovery—sometimes more than the severity of the crash itself.

A strong strategy involves:

• Challenging inaccurate assumptions early

• Pushing back on exaggerated fault claims

• Collecting clear evidence of driver behavior, road conditions, and impact angles

• Highlighting any legal violations by the other driver (e.g., DUI, speeding)

Legal professionals familiar with Arizona traffic liability laws can help clarify where your situation stands under this system—and how to preserve your claim’s value.

Final Thoughts

Comparative fault in Arizona is designed to reflect real-world complexity—but it’s also a powerful tool used by insurers to lower payouts. If you're recovering from a crash in Tempe, understanding how fault is shared could be the key to protecting your settlement.

Whether you were partially at fault or just being blamed unfairly, you don’t have to accept the insurance company’s version of events. With the right preparation, documentation, and legal guidance, you can assert your side and limit how much of the blame sticks to you.

Start with the Tempe legal resources hub, or get informed from the Tempe car accident attorney homepage to understand your rights.