Accidents can happen anywhere. Sometimes more than one person may be responsible for the resulting damages. In such cases, determining fault and damages can be a complex process. To address this, many states, including Arizona, have adopted the principle of comparative negligence. Whether you’re a driver, pedestrian, or property owner, understanding comparative negligence can help protect your rights and interests in personal injury cases.
At Jensen Phelan Law Firm, we have over 65 years of combined experience helping injured accident victims secure fair compensation. When you’ve been in an accident where you share part of the blame, you may not believe you can still recover compensation. Fortunately, Arizona’s comparative negligence law recognizes that sometimes an accident is caused by more than one party but tries to make each responsible party liable according to that party’s “degree of fault.” You are still entitled to fair compensation even if you are partly at fault. Contact our specialized personal injury lawyers today to learn more about your options for recovering full and fair compensation for your harms and losses and any other damages.
Comparative negligence is a legal principle that is used to determine fault and damages in personal injury cases in Arizona. Under this principle, if more than one party is found to be at fault for an accident, each party’s degree of fault is taken into consideration when determining the amount of damages they are liable to pay and to receive.
In Arizona, the comparative negligence rule is applied in a modified form known as “pure comparative negligence.” This means that even if a plaintiff is found to be partially at fault for an accident, they can still recover damages from the other party as long as that party is also found to be at fault. However, the plaintiff’s damages will be reduced by the percentage of their own fault.
For instance, if a pedestrian is hit by a car while crossing the street and it is determined that the pedestrian was 30% at fault for the accident because they were distracted by their phone, the pedestrian’s recovery will be reduced by 30% to reflect that degree of fault.
In other words, comparative negligence in Arizona allows for a fair and equitable distribution of fault and damages in personal injury cases involving negligence by more than one party to an accident. It’s important for individuals involved in an accident to understand this legal principle and seek the advice of a qualified personal injury attorney as soon as possible to protect their rights and interests because these cases are most often contested as to who is at fault.
Insurance coverage is meant to cover the value of damages (including medical expenses, loss of earnings, physical pain, emotional suffering, disability, impairment, disfigurement, all past and future, after an accident). Some insurance companies often defend “comparative fault” cases very aggressively to avoid paying full and fair value for claims. They will use comparative fault to point the bulk of the blame to you and thus reduce their payout to you. This is one of the many reasons that injured accident victims need a skilled and trusted attorney to take on their case soon after the collision, because mistakes can be made and evidence can be lost over time.
Unfortunately, many accident victims fall prey to such unfair insurance tactics. Protect your rights and best interests by contacting Jensen Phelan Law Firm. Our attorneys have years of experience handling and negotiating with insurance companies. We can help make sure that you’re not taken advantage of or accepting any lowball offers. Jensen Phelan Law Firm offers a free assessment of your case and determines the best course of action for recovering maximum compensation. Contact our firm today at (928) 778-2660 or fill out our online contact form.