Partial Fault in Arizona: What Tempe Drivers Need to Know After a Wreck
You Can Still Recover Compensation—Even If You’re Partly to Blame
After a car wreck in Tempe, one of the most confusing—and frustrating—things a driver might hear is: “You were partially at fault.” That phrase immediately raises questions. Can you still file a claim? Will your medical bills be covered? Does it mean you’re disqualified from recovering anything?
Thankfully, Arizona law answers with clarity: Yes, you can still be compensated—even if you share some blame. Under the state’s pure comparative negligence system, your right to recovery isn’t erased just because you made a mistake behind the wheel.
But how much you recover, and how hard you’ll have to fight to get it, depends on how fault is calculated—and how well you’re represented. If you're unsure where you stand after a crash in areas like Downtown Tempe, Meyer Park, or Escalante, it’s crucial to talk to a Tempe legal team that knows how to handle shared-fault cases under Arizona law.
Understanding Arizona’s Pure Comparative Negligence Rule
Arizona law allows injured drivers to pursue compensation for car accident injuries—even if they were up to 99% at fault. The only catch? Your total compensation will be reduced by your percentage of responsibility.
For example:
You’re awarded $100,000 in damages
You’re found 25% at fault
You’ll receive $75,000
This rule is designed to account for real-life complexity, where both drivers might have contributed to a wreck. But in practice, it gives insurance companies a powerful incentive to assign you more fault—because every percentage point they can pin on you reduces what they owe.
If you’ve already been offered a settlement, but believe it doesn’t reflect the full story, your next step should be challenging the assigned percentage of blame.
When Shared Fault Happens in Tempe Wrecks
Tempe’s roads are a blend of student foot traffic, bike lanes, speeding commuters, and congested intersections. That makes shared fault especially common. Some examples include:
A rear-end crash where you braked suddenly, but the driver behind you was texting
A T-bone collision where you rolled through a yellow light, but the other car was speeding
A parking lot collision where both vehicles were reversing simultaneously
A distracted driver hitting you while you were turning without a signal
In all of these cases, fault might be split—and your compensation might be at risk. If the other driver was on their phone or impaired, explore our pages on distracted driving or DUI-related crashes to understand how those circumstances affect liability.
How Insurance Companies Use Partial Fault to Pay You Less
After a wreck, you may assume that if the other driver caused the crash, you’ll be compensated. But insurers don’t see it that way. They’re trained to find ways to reduce their payout—and that starts with convincing you that you share the blame.
Tactics they use include:
Pressuring you into giving a recorded statement
Twisting your words to suggest guilt (“So you didn’t see the other car until the last second?”)
Highlighting irrelevant issues (like slight speeding) to suggest fault
Delaying or devaluing your claim until you accept a lower offer
Even saying “I’m sorry” at the scene of a wreck can be taken as an admission of guilt and used to assign partial blame—costing you thousands in settlement reductions.
Why Medical Evidence Still Matters—Even with Partial Fault
Being partially at fault doesn’t mean your injuries aren’t real. You’re still entitled to compensation for:
Emergency room bills
Ongoing medical care
Lost wages from missed work
Pain and suffering
Emotional trauma or psychological damage
However, the value of your injury claim depends on documentation. If you delay treatment or miss follow-ups, insurers may argue your injuries aren’t serious—or unrelated to the crash. That can reduce your payout even further in a shared-fault case.
This is especially true for cases involving spinal cord injuries, TBI, or other injuries where long-term treatment is needed.
Reducing Your Share of Fault Through Evidence
When fault is disputed, evidence is everything. A good legal team can help shift more of the responsibility onto the other driver using tools like:
Traffic camera or dashcam footage
Witness statements from nearby pedestrians or drivers
Expert analysis of crash data and damage
Cell phone records proving distraction
Police reports or citations issued at the scene
If your accident happened in a known high-risk zone, such as University Drive or near the light rail on Apache, city data from tempe.gov or az.gov may also help show the area’s dangers and support your case.
Even Passengers and Cyclists Can Be Assigned Fault
Comparative negligence doesn’t apply only to drivers. Passengers may lose compensation if they:
Distracted the driver
Got into the car knowing the driver was intoxicated
Failed to wear a seatbelt
Cyclists and pedestrians can also be blamed in part for a crash if they crossed outside of marked areas, ignored signals, or contributed to the collision in any way. These cases are highly nuanced—especially in places like Downtown Tempe, where cars, bikes, and people share the same space.
Explore our pedestrian accident guide for more on shared-fault cases involving foot traffic.
What Tempe Drivers Should Do After a Partial Fault Accident
If you’ve been injured and told you’re partially to blame:
Do not accept fault at the scene, even if you feel guilty
Get medical treatment immediately and follow all instructions
Document the crash site, injuries, and damage as thoroughly as possible
Avoid giving a recorded statement to the insurer without counsel
Talk to a Tempe car accident attorney before accepting any settlement
If you already accepted a low offer but believe your share of fault was inflated, it may still be possible to challenge the agreement—especially if the insurer acted in bad faith.
Final Thoughts: Partial Fault Doesn’t Mean No Compensation
Too many Tempe drivers walk away from legitimate claims simply because they think sharing some fault disqualifies them. It doesn’t. Arizona law is clear: even if you contributed to the crash, you still have rights.
Don’t let the insurance company decide what those rights are. Get the facts, gather the evidence, and work with a legal team that knows how to push back when blame is being unfairly assigned.
