Comparative Negligence in Tempe: Why It’s Not All or Nothing

In the aftermath of a car crash, one of the first questions people ask themselves is: Was it my fault? But in Arizona—and specifically in Tempe—fault isn’t a black-and-white issue. You might be partly to blame and still have a valid injury claim. That’s because Arizona follows a pure comparative negligence rule, which allows accident victims to recover compensation even when they share responsibility.

This concept is central to many crash claims, whether the collision happened along Mill Avenue in Downtown Tempe or on a quieter residential street in Meyer Park. Understanding how comparative negligence works—and how it affects your right to recover—is key to protecting yourself legally and financially.

If you're trying to figure out whether your case is still viable despite shared fault, accident legal help in Tempe is available. Here’s what to know.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that determines how damages are awarded when more than one party is at fault in an accident. In a pure comparative negligence state like Arizona, your compensation is reduced in proportion to your share of the blame—but you’re not barred from recovering unless you’re 100% at fault.

For example, if you’re found to be 30% responsible for a crash and the other driver is 70% at fault, you can still recover 70% of your damages.

This rule comes into play often in multi-vehicle collisions, merging accidents, and left-turn crashes—common scenarios across Tempe’s intersections and high-traffic areas like South Tempe and North Tempe.

Realistic Scenarios Where Fault Is Shared

1. Distracted Driving and Jaywalking

A driver is texting and doesn’t see a pedestrian crossing mid-block in Holdeman. The pedestrian is hit, but they weren’t in a marked crosswalk. Both parties made mistakes—so damages would be split based on who contributed more to the crash.

2. Failure to Yield and Speeding

A vehicle makes a left turn without yielding, but the oncoming driver was speeding through Escalante. Both are partially responsible. Arizona’s comparative negligence rule allows the injured driver to recover a portion of their losses despite their own speed.

3. Rear-End Collision with Sudden Stop

Even in a rear-end crash—which typically points blame at the trailing driver—there may be shared responsibility if the lead driver braked suddenly without cause. This is especially common in heavy stop-and-go traffic near Tempe Town Lake or university drop-off zones.

How Insurance Companies Use Comparative Negligence

One of the first tactics an insurance adjuster may use after a crash is to shift partial blame onto the victim. Even small details—like being slightly over the speed limit, failing to signal a lane change, or glancing at your phone—can be exaggerated to reduce the payout.

That’s why documentation is critical. Collecting photo evidence, witness accounts, and police reports helps establish the facts early before blame can be distorted.

Insurance companies especially scrutinize claims that involve serious non-economic losses like pain and suffering, which can be harder to quantify. (For more on how these are valued, see this breakdown on pain and suffering in Arizona.)

Legal Rights Under Arizona Law

Under A.R.S. § 12-2505, Arizona’s comparative negligence statute applies to all civil injury claims. It means that even if you're 99% at fault, you can still technically recover 1% of your damages.

This differs from states that follow modified comparative or contributory negligence rules, where victims can be barred from recovery if they exceed a fault threshold (like 50%).

To read the statute and legal interpretations in full, visit the Arizona Judicial Branch or explore Arizona’s civil code library via az.gov.

Why It Matters in Injury Claims

Comparative negligence doesn’t just reduce your payout—it affects how your entire claim is handled. Here’s why:

• Negotiations become more complex: Every percent of fault becomes a bargaining chip.

• Medical damages may be disputed: Insurers may argue that your own actions worsened your injuries.

• Juries weigh credibility carefully: If your account of the crash seems inconsistent, it may increase your assigned fault share.

In more complex cases—such as those involving rideshare vehicles or multi-car collisions—fault can be spread across several parties. This can actually work in your favor if one party has stronger coverage.

Comparative Negligence and Catastrophic Injury

When injuries are serious or permanent, even a partial recovery can mean hundreds of thousands of dollars in long-term support. This is especially true for crash victims who suffer:

• Spinal injuries affecting movement and daily function

• Paralysis resulting from high-speed impacts or rollovers

• Brain trauma, such as a traumatic brain injury, which may not be immediately visible

To better understand how these kinds of injuries influence damage calculations, see our content on traumatic brain injuries, spinal cord trauma, and paralysis-related crashes.

What You Should Do If You Might Be Partially at Fault

1. Don’t admit fault at the scene – even a simple apology can be twisted into a liability admission.

2. Document everything – photos, dashcam footage, and medical records matter more when fault is disputed.

3. Request a full police report – sometimes officer narratives or diagrams can help clarify events.

4. Get legal help early – the more complex the fault scenario, the more valuable early guidance becomes.

Some of these steps may be further explained in Tempe’s legal resources, which offer public documents, timelines, and claim instructions.

Final Word

Arizona’s comparative negligence law reflects a simple truth: most crashes aren’t one-sided. People make mistakes. But if someone else’s actions contributed to your injuries—even partly—you have the right to pursue compensation.

Whether you were hit in a T-bone crash, struck while walking, or sideswiped while merging, don’t assume that being “partially at fault” ends your case. It doesn’t. It simply means your claim needs to be presented clearly and supported with strong evidence.

Tempe's roads aren’t perfect, and neither are its drivers. But your right to recovery doesn’t disappear because the situation was complicated. For further help with evaluating your options after a crash, visit our Arizona car accident attorney resource center.