How Arizona’s Comparative Negligence Law Impacts Tempe Car Accident Claims
Why Fault Isn’t Always Black and White After a Crash
In many Tempe car accidents, assigning blame isn’t simple. You might have been speeding slightly, but the other driver made an illegal turn. Maybe you failed to yield, but the other party ran a red light. These situations aren’t rare—and Arizona’s comparative negligence law is designed to deal with them.
Under this legal framework, more than one person can be held responsible for a crash—and more than one person can still recover damages. But the amount you’re entitled to will depend on how much of the blame is legally assigned to you.
If you’ve been in a collision in Downtown Tempe, South Tempe, or anywhere between Meyer Park and Escalante, it’s important to understand how comparative negligence may affect your claim—and your settlement. For the most accurate support, you can start by speaking with Tempe-based car accident lawyers who handle shared-fault cases regularly.
What Is Comparative Negligence?
Arizona follows a pure comparative negligence rule. This means anyone who is injured in a crash can file a claim—even if they were 99% responsible. However, your total compensation will be reduced based on your percentage of fault.
For example, let’s say you were awarded $100,000 in damages but found to be 30% responsible for the crash. You’d receive $70,000.
This rule applies to all types of car accident cases in Tempe, including those involving T-bone collisions, rollovers, or pedestrian impacts.
Why It Matters for Drivers in Tempe
The urban layout of Tempe creates a lot of conditions where multiple drivers could be at fault. Intersections near the ASU campus, congested parking lots, and high-speed roads near North Tempe often lead to crashes where neither driver is 100% innocent.
In these situations, fault is usually disputed—and insurers use that as a reason to lower your settlement.
They may argue:
You were speeding in a school zone
You failed to signal a lane change
You were distracted by your phone
You braked suddenly without cause
Even a small admission of guilt, made during a recorded phone call with the insurance company, can be used against you. That’s why your first step after a crash should be to avoid giving any detailed statement until you’ve consulted legal representation.
How Insurers Use Comparative Negligence Against You
Insurance adjusters are trained to minimize their company’s liability. They will look for any justification to shift more of the blame onto you—even if the other driver was clearly reckless.
Let’s say you were hit by a driver making an illegal left turn—but you were going 10 mph over the limit. The insurer may argue that your speed contributed to the severity of the crash and try to assign you 20% of the blame.
This isn’t just theory—it’s standard practice.
And in more complex cases like DUI-related crashes or uninsured driver accidents, insurers will often delay or deny claims altogether if they think they can blame you for part of the outcome.
What If You’re the Passenger?
Even as a passenger, Arizona’s comparative negligence law can still come into play—especially if you’re accused of:
Distracting the driver
Not wearing a seatbelt
Getting into the car knowing the driver was intoxicated
While these arguments don’t always hold up, they’re still used in some cases to reduce payouts. If you were riding in an Uber or Lyft, your rights may also involve commercial policies—see our page on rideshare accidents in Tempe for more.
Proving the Other Driver’s Degree of Fault
To reduce your share of blame, your attorney must show that the other driver’s actions were more negligent. That might include:
Cell phone records proving distraction
Surveillance footage from intersections or parking lots
Witness testimony
Vehicle damage consistent with reckless behavior
Event data recorders (black box data) showing speed or braking issues
This type of evidence is often decisive in cases involving distracted drivers, aggressive lane changes, or merging issues in high-traffic zones like McClintock or Baseline Road.
Medical Evidence and Comparative Negligence
It’s not just about how the crash happened—it’s also about how your injuries are documented.
Medical records can play a major role in reducing your comparative fault percentage. For instance:
Early diagnosis helps prove that your injuries stem from the crash
Consistent treatment shows you took recovery seriously
Psychiatric evaluations may support emotional trauma claims
If your injuries require long-term care—such as spinal cord treatment or surgery—the total value of your claim may rise substantially. In these cases, even a small change in your assigned fault percentage can result in tens of thousands of dollars.
When Comparative Negligence Becomes a Legal Battle
Many cases involving comparative negligence never go to trial. Instead, they’re resolved through settlement negotiations. But during those negotiations, insurers are constantly recalculating what they believe your fault percentage is worth.
If your crash occurred in a location with frequent crashes—such as Escalante or Downtown Tempe—your legal team can bring in traffic pattern evidence, city reports, or even data from tempe.gov or az.gov to show how common driver errors are in those zones.
The Bottom Line: Don’t Let Partial Fault Diminish Your Claim
Arizona’s comparative negligence law is designed to allow recovery even when fault is shared. But that doesn’t mean insurers will be fair—or that they won’t try to stack the blame against you.
If you’ve been injured, don’t let the fear of partial responsibility stop you from filing a claim. With the right legal strategy, you can fight back against unfair fault assignments and pursue the compensation you actually deserve.
Start by connecting with a Tempe-based legal team that understands how comparative negligence works in real-world car accident claims.
