Can I Still File a Claim If I Was Partially at Fault in Tempe?

Maybe you were turning left. Maybe you braked late. Maybe you just didn’t see them coming.

Whatever happened, the crash already happened—and now you're wondering if it's even worth filing a claim.

Because when you're partially at fault in a Tempe car accident, things get complicated. Not impossible. Just trickier. And if you're relying on insurance adjusters to tell you your options, you might never hear the full truth.

Here’s the good news: Yes, you can still file a claim in Arizona—even if you were partly to blame.
But you’re going to need a Tempe attorney who understands how comparative fault really works—because this isn’t something you can wing.

Arizona’s Comparative Negligence Rule: Explained

Arizona follows a pure comparative negligence system. That means if you’re partially at fault, your settlement isn’t eliminated—it’s reduced by your percentage of blame.

So if your total damages are $100,000 and you’re found 30% at fault? You can still recover $70,000.

Even if you’re 80% responsible, you can still pursue 20% of your damages.

That makes Arizona one of the most claimant-friendly states in the country when it comes to shared fault. But it also means the other side will work hard to increase your percentage and shrink your payout.

That’s why a Tempe car accident lawyer experienced in split liability cases is key. It’s not just about proving the other driver’s mistakes—it’s about protecting you from blame inflation.

Common Situations Where Both Drivers Share Fault

Shared fault isn’t unusual in Tempe, especially in:

• T-bone collisions at complex intersections

• Pedestrian accidents in crosswalks with flashing yellows

• Rear-end crashes with sudden stops

• Parking lot accidents where right-of-way is unclear

• Rideshare pick-ups near campus zones or Mill Ave

Let’s say you were making a legal U-turn, but didn’t signal clearly. The other driver was speeding through a yellow light. You both contributed—but you were less than 50% at fault. You still get to recover damages.

A Tempe T-bone crash attorney or rideshare accident lawyer can break down liability from multiple angles, using video footage, witness accounts, and crash forensics.

What the Insurance Company Wants You to Believe

When adjusters hear you say, “It might’ve been partly my fault,” they smile. Because that’s their opening to either:

• Deny the claim entirely

• Assign 60–70% fault to you and dramatically reduce your payout

• Avoid litigation by convincing you you’re not eligible at all

But in Arizona? That’s not how it works.

Even if you were distracted, missed a sign, or made a less-than-perfect move, you may still have a case. And if the other driver was texting, speeding, or breaking the law? Their liability could outweigh yours significantly.

A Tempe pedestrian accident attorney or parking lot collision lawyer knows how to hold insurers accountable when they try to rewrite the story to save themselves money.

What Evidence Can Reduce Your Fault Percentage?

Everything. Seriously.

The angle of the impact. The skid marks. The timestamp on the dashcam. The video from a nearby business. The damage location on your car. Even your medical records.

Let’s say your crash happened in North Tempe near a merge zone. You thought you had space—but the other driver didn’t signal before entering your lane. Without proper documentation, the blame could fall entirely on you. But with video footage and accident reconstruction? The story shifts.

You don’t have to figure all this out alone. A Tempe injury attorney will gather, preserve, and present that evidence in a way that helps—not hurts—your case.

You can also check the city’s traffic camera and claim policies via tempe.gov.

What About Medical Costs and Future Care?

Even if you’re partly to blame, you’re still on the hook for your recovery—and that’s not cheap.

Arizona law still allows you to seek compensation for:

• ER bills

• Follow-up treatment

• Therapy

• Lost wages

• Pain and suffering

• Future procedures (especially in TBI or orthopedic cases)

But insurers won’t volunteer this information. And if you settle without legal help, you might miss the full extent of what you’re entitled to.

A lawyer will use medical records, provider statements, and expert witnesses to show why your care isn’t optional—and why cutting your claim based on “shared fault” isn’t acceptable.

What If the Other Driver Files a Claim Against You?

It happens more often than you’d think.

You file a claim... and suddenly, they’re filing one too.

In Arizona, both parties can pursue damages from each other. It becomes a comparative fight. And without strong representation, your payout could get gutted by a counterclaim—even if you were mostly in the right.

That’s why you should never go it alone in a partial fault scenario. If your case turns into a legal tug-of-war, you’ll want a Tempe crash lawyer who’s handled counterclaims before and knows how to shut down exaggerated accusations.

If you're curious about how this plays out in Arizona courtrooms, visit azcourts.gov for legal guidance—but for strategy? Start with us.

When Should You NOT File a Claim?

Here’s where we get real.

If you were 100% at fault, and there’s clear evidence (traffic cam, DUI, full confession at the scene), a personal injury claim probably isn’t the right move.

But that’s rare.

In most Tempe crashes, fault is shared, unclear, or disputed. And unless a judge or jury decides otherwise, you still have rights.

If you’re unsure, talk to a Tempe legal resource group or schedule a free consultation. We’ll tell you if the case is viable—and if it’s not, we’ll tell you that too.

Still want to cross-reference the law? az.gov offers summaries on liability and insurance requirements.

Don’t Let Shared Fault Shut You Down

Being partly at fault doesn’t mean you’re out of options. It doesn’t mean you’re the villain. And it definitely doesn’t mean you should eat thousands in bills because of a mistake.

It just means your case needs to be built carefully—and argued confidently.

Let a Tempe car accident lawyer who’s dealt with dozens of shared fault cases fight for your share. Even if you're not the perfect driver, you still deserve to recover what's fair.