How to Handle a Car Accident Injury When You’re Partially at Fault in Tempe

The Reality of Shared Fault in Arizona Crashes

Accidents aren’t always clear-cut. In many Tempe car crashes, both drivers may share some degree of responsibility. Maybe you were speeding, but the other driver ran a red light. Maybe you failed to use a turn signal, but the other vehicle was tailgating. If you're partially at fault, does that mean you can’t recover anything?

Not at all.

Arizona follows a pure comparative negligence rule, which means you can still recover damages even if you’re partially responsible for the crash. But your compensation will be reduced by your percentage of fault. That means a $100,000 settlement can become $60,000 if you’re found 40% at fault.

Understanding how this rule works in real-life cases—especially in cities like Tempe, where dense traffic, campus zones, and distracted drivers create complex crash scenarios—is crucial. If you’re unsure how fault will affect your claim, start with local legal guidance that’s tailored to Tempe roads and Arizona law.

What Arizona Law Says About Partial Fault

Arizona Revised Statutes §12-2505 allows for recovery in any personal injury case involving multiple at-fault parties. Unlike some states, Arizona doesn't bar recovery even if you’re more than 50% responsible.

So even if you were 90% at fault, you could still recover 10% of your damages. That might not seem like much, but in cases involving long-term injury—such as spinal cord damage or traumatic brain injury—even partial recovery can help with medical bills and therapy.

However, insurance companies will seize on the chance to assign you more blame than you deserve. That’s why how fault is calculated, documented, and negotiated can make or break your case.

Common Scenarios Where Partial Fault Applies in Tempe

Tempe’s traffic landscape is full of gray areas. Some examples of partial fault scenarios include:

• You were speeding slightly, but the other driver made an illegal turn.

• You rolled through a stop sign, but the other car was distracted by a phone.

• You rear-ended someone, but they suddenly slammed the brakes without cause.

• You failed to yield at a parking lot exit, but the other vehicle was speeding through.

Crashes in areas like South Tempe, Holdeman, or Escalante often involve neighborhood-specific conditions—poor lighting, narrow lanes, or shared pedestrian space—that further complicate fault.

How Insurance Companies Use Partial Fault Against You

From the moment the crash is reported, insurers are trying to shape the story. Even if their driver was clearly negligent, they may argue that your actions contributed to the accident to reduce their payout.

They’ll look for:

• Inconsistent statements in the police report

• Gaps in medical treatment

• Social media posts that contradict your injury claims

• Lack of documented damage to your vehicle

If you admit any fault—even casually—during a recorded statement, they may use that to push more blame onto you. That’s why it’s critical to avoid giving any formal statements until you've spoken with a lawyer.

Whether your crash happened in a parking lot, on a freeway, or near a school zone, the nuances of Tempe traffic can work for or against you depending on how well your case is documented.

Proving the Other Driver Was More at Fault

Even if you did something wrong, the other driver’s behavior might have played a larger role. Was the other driver:

• Distracted by their phone?

• Speeding in a residential area?

• Driving under the influence?

• Running a red light or stop sign?

If so, your attorney can argue that their behavior was more egregious than yours. Proving this may require surveillance footage, eyewitness statements, or expert crash reconstruction—especially in T-bone or rollover accidents, where angles and speeds play a key role.

In DUI cases, criminal records and toxicology reports can significantly shift liability. For more, see our Tempe DUI accident guide.

Medical Evidence Still Matters

No matter how the fault shakes out, your medical documentation is the foundation of your claim. Even if you're 30%, 40%, or 50% responsible, you’re still entitled to compensation for legitimate injuries.

After your crash, you should:

• Seek immediate medical care, even for minor symptoms

• Follow all treatment plans and referrals

• Avoid gaps in treatment

• Keep records of every visit, prescription, and diagnosis

If your injury impacts your mental health, you may also be eligible for emotional trauma compensation, especially if the crash led to panic attacks, insomnia, or anxiety.

How Settlements Are Calculated in Shared Fault Cases

Let’s say your total damages (medical bills, lost wages, pain and suffering) amount to $80,000. If you’re found 25% at fault, you would recover $60,000.

The challenge is getting a fair number assigned to your share of fault. Insurance companies will try to inflate that percentage to pay less.

That’s where legal representation matters. A lawyer can argue for a lower share of fault by introducing:

• Evidence of the other driver’s distraction or recklessness

• Proof of your safe driving behavior before the crash

• Expert testimony to challenge the insurance company’s version of events

If you’re facing a dispute with your own insurer—especially after an uninsured driver crash or multi-vehicle pileup—you need someone to negotiate on your behalf.

What If You Were a Passenger and Contributed to the Crash?

Passengers can also be assigned partial fault—especially if they distracted the driver, encouraged reckless behavior, or rode with someone they knew was intoxicated.

But these cases are extremely fact-dependent. Simply being in the car doesn’t make you liable. If you were injured as a passenger, even in a rideshare situation, you still have a valid claim. Learn more about your options on our rideshare accident page.

Final Takeaway: Partial Fault Doesn’t Mean No Justice

Being partially at fault for a crash in Tempe doesn’t disqualify you from getting help. Arizona’s laws are built to ensure you can still recover what you need to heal, even if you made a mistake.

The key is not letting insurers exaggerate your role—or trick you into accepting more blame than necessary. With solid legal support and detailed documentation, you can reduce your share of fault and increase your recovery.

If you're unsure where you stand, contact a Tempe legal team that knows how to fight partial fault cases the right way.