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Picture this: You’re hurt in an accident, but the other side claims you were partly to blame. Sound familiar? That’s where what is pure comparative negligence becomes more than just a legal concept; it can directly affect how your personal injury case moves forward.
At Jensen Phelan Law Firm, we guide Tucson residents through these challenging legal scenarios with clarity and purpose. Arizona law doesn’t deny your right to pursue compensation because of a misstep; it considers the full picture, allowing fault to be divided and damages adjusted fairly.
Pure comparative negligence allows an injured party to recover damages even if they are up to 99% at fault for the accident. Your compensation is reduced based on your share of fault.
For example, if your damages amount to $100,000 and you’re found 60% at fault, you’d still receive $40,000.
As noted by the Arizona Revised Statutes § 12-2505, a jury decides whether a person’s own negligence played a role in their injury. In these cases, compensation isn’t eliminated but is reduced based on the individual’s share of fault. The law also specifies that people who intentionally or willfully cause their own injury cannot rely on comparative negligence.
Not all states follow the same rules. There are two types of comparative negligence, and one additional system known as contributory negligence. In fact, three different systems determine how a fault impacts a personal injury claim:
At the end of the day, the way states handle negligence makes a huge difference in how personal injury claims are resolved. Whether you’re dealing with pure comparative negligence, a modified version, or contributory rules, understanding what pure comparative negligence is gives you a clearer picture of your legal rights.
Let’s look at a couple of realistic scenarios:
Picture a pedestrian crossing mid-block instead of at a designated crosswalk. A distracted driver hits them. The pedestrian might carry 30% of the blame for jaywalking, while the driver shoulders 70%. Under Arizona’s rule, the pedestrian could still receive 70% of their total damages.
Or consider a bicyclist riding without reflectors at dusk. A driver who didn’t signal before turning collides with them. Both parties hold some responsibility. Instead of one person losing their right to compensation altogether, both have their actions considered in the outcome.
These cases highlight how fair the pure comparative system aims to be. Rather than penalizing someone completely for one mistake, it assigns responsibility in proportion to each party’s actions.
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Your total compensation depends entirely on how fault is divided. This makes proper documentation, witness statements, and investigative work even more valuable. Insurance adjusters often try to assign greater blame to reduce payouts, but under Arizona’s system, recovery is still possible.
Say your personal injury case involves $80,000 in damages. If a jury finds you 25% at fault, you’d be eligible to collect $60,000. However, if the defense claims you’re 70% responsible, your payout would be reduced to $24,000.
The difference between those outcomes isn’t minor. That’s why it’s essential to understand what is pure comparative negligence and how it can directly influence the outcome when every percentage point matters.
Reducing your assigned fault percentage isn’t just about telling your side of the story; it’s about showing it. Here are a few smart steps:
Understanding how fault is evaluated and presented gives you a stronger chance of reducing blame and securing a fair outcome.
Our team at Jensen Phelan Law Firm can walk you through your personal injury case and answer your questions about what is pure comparative negligence and how Arizona law handles shared fault. We’ll take the time to evaluate your situation and guide you toward a practical resolution. Call us today at (928) 778-2660 for a free consultation.
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In June 2015, I was in a horrific roll-over crash as a passenger in a friend’s car while on our way from Prescott to Phoenix. We were lucky to survive. I was evacuated from the scene by helicopter and endured many months of treatment for severe neck and back injuries….
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Focuses in personal injury, wrongful death and insurance cases and claims, and is a former President of the Arizona Trial Lawyers Assn. and the Arizona Association for Justice. Since 1974, he has been protecting the rights of the injured in Prescott and Prescott Valley, for a total of over 40 years.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Chris Jensen who has more than 30 years of legal experience as a personal injury attorney.
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