Why Shared Fault Can Still Lead to Compensation in Arizona Car Crashes

Arizona Law Doesn’t Require You to Be Blameless to Recover Damages

Most Tempe drivers are surprised to learn that even if they made a mistake behind the wheel, they might still be entitled to compensation after a crash. Arizona law is clear on this: you can still file a claim even if you’re partially at fault—and that compensation can still be significant.

Whether your accident happened in North Tempe, Holdeman, or a busy stretch of Baseline Road, you’re not disqualified just because you share blame. The key is understanding how fault is calculated—and how to fight back when insurers try to use it against you.

For anyone navigating this situation, a Tempe car accident legal team can help you preserve your rights and maximize what you’re owed.

What Is Shared Fault Under Arizona’s Comparative Negligence Rule?

Arizona follows a pure comparative negligence model. This means:

• You can still recover damages even if you’re 99% at fault

• Your compensation is reduced by your percentage of fault

So, if you’re awarded $100,000 and found 25% responsible, you’ll still receive $75,000. That remaining amount can go toward hospital bills, lost wages, rehab, or emotional recovery—even if you made a minor error leading up to the crash.

Many drivers wrongly assume that fault must be all or nothing. But in Tempe, especially near high-traffic areas like Downtown or Escalante, accidents often involve mistakes from multiple parties.

Common Scenarios Where Shared Fault Still Means a Valid Claim

Tempe roads are full of tricky situations. Even if you were partly to blame, you may still recover compensation in cases like:

• A T-bone collision where you were turning left, but the other driver was speeding

• A parking lot crash where both cars were backing out simultaneously

• A pedestrian accident where someone stepped into the road, but you were driving too fast

• A rollover triggered by road conditions and driver distraction

Each of these cases includes shared responsibility—but that doesn’t cancel out your rights. It simply reduces the final payout based on your share of fault.

Why Insurers Use Shared Fault to Pay You Less

The moment shared fault is introduced, insurance companies go to work trying to inflate your percentage of blame. Why? Because it directly reduces what they owe.

For example:

• They may argue your reaction time was delayed

• They may highlight small traffic violations (rolling a stop sign, slight speeding)

• They’ll twist recorded statements or partial admissions of guilt

In some cases, even saying something like “I didn’t see them” or “I might have been going a little fast” is enough to assign blame. That’s why drivers are encouraged never to admit fault—and to speak with a lawyer immediately after any accident.

More on that is explained in our guide to admitting partial fault in Tempe crashes.

What Damages Are Still Recoverable?

Even with a percentage of blame, you may still recover:

• Medical expenses

• Future treatment costs

• Lost wages and reduced earning potential

• Pain and suffering

• Emotional trauma related to the crash

This is especially important in serious cases involving spinal cord injuries, TBI, or long-term disabilities like paralysis. These are high-value cases—and even 50% of a six-figure injury claim can change your recovery timeline.

How to Protect Yourself in a Shared Fault Situation

If you’ve already been told you’re partially at fault, you’re not out of options. But you’ll need to push back with:

• Surveillance or dashcam footage

• Eyewitness statements

• Traffic data from intersections like Apache & McClintock or Rural & University

• Medical reports that match crash dynamics

• Proof that the other driver was distracted or reckless

If a rideshare vehicle was involved, you may also want to review our rideshare accident page to understand how commercial insurance coverage may apply even when liability is unclear.

The Bottom Line: Partial Blame Doesn’t Mean Zero Compensation

Being partly responsible doesn’t mean your injuries don’t matter. Arizona law protects your right to recover damages based on your share of the truth—not the story the insurer wants to tell.

So if you've been hurt in a wreck—even one where you may have made a mistake—don’t assume you’re disqualified. You might still be entitled to tens of thousands in compensation.

Contact a Tempe car accident lawyer today to discuss how shared fault affects your case—and how you can still fight for the recovery you deserve.