Short answer: yes, you can still bring a claim if you were partially at fault for a car accident in Arizona. Arizona follows pure comparative fault under A.R.S. § 12-2505. Your own share of fault does not bar your claim. It reduces what you can recover by that percentage. If your damages are $100,000 and you are found 30 percent at fault, the most you can recover is $70,000. Fault is a question of fact, which means it is argued, negotiated and, if needed, decided by a jury, not announced by the other driver’s insurance adjuster.
Do not talk yourself out of a claim. People who think “it was partly my fault” sometimes skip calling a lawyer and let the two-year deadline under A.R.S. § 12-542 pass. Sending a form or making a call does not stop or pause any deadline.
LEGAL ADVERTISEMENT: This site is an independent referral service operated by Wilder West Assets LLC, not a law firm. We connect people injured in Coconino County crashes with independent licensed Arizona attorneys. Nothing on this page is legal advice.
What “pure comparative fault” means
States handle shared fault in different ways. Some bar recovery entirely if the injured person was 50 or 51 percent at fault. Arizona does not. Its statute says that if the jury applies contributory negligence, “the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault.” In plain terms, every percentage point of fault assigned to you takes one percentage point off your recovery, and nothing more.
| Your total damages | Your share of fault | Most you can recover |
|---|---|---|
| $50,000 | 10% | $45,000 |
| $100,000 | 30% | $70,000 |
| $100,000 | 60% | $40,000 |
That last row surprises people. Even a driver found mostly at fault can recover the share of damages caused by the other driver’s fault. Whether that is worth pursuing depends on the size of the damages and the insurance available.
The one exception
The statute denies comparative negligence to a claimant who “intentionally, wilfully or wantonly caused or contributed to the injury.” That is a narrow category aimed at deliberate or extremely reckless conduct, not ordinary mistakes like misjudging a gap in traffic.
Each defendant pays only its share
Arizona also abolished joint and several liability in most cases under A.R.S. § 12-2506. Each defendant is liable only for its own percentage of fault. The fact-finder considers the fault of everyone who contributed, including people who are not parties to the lawsuit. In a multi-car crash on I-40, for example, fault can be split among several drivers, and each pays only its share. That makes identifying everyone involved, and their insurance, more important.
How fault gets argued in real Flagstaff crashes
- Rear-end crashes. Attention goes first to the following driver, but sudden stops, brake lights that don’t work and lane changes can shift some fault. See our rear-end collision guide.
- Snow and ice. Insurers argue speed was too fast for conditions. Weather alone is not anyone’s fault, and fault turns on what each driver did. See our winter crash guide.
- Pedestrians and cyclists. Crossing outside a crosswalk or riding at night without lights can be raised against the injured person, but it does not erase the driver’s own duty of care. See our pedestrian guide.
- Left turns and intersections. Right-of-way questions are fought with signal timing, witness accounts and vehicle damage patterns.
- Distraction. Phone records can cut both ways. Our page on what causes Flagstaff crashes covers distracted driving.
Why the adjuster’s fault number is not the final word
An insurance adjuster may tell you that their company has “assessed” you at 40 or 50 percent fault. That is a negotiating position. Under § 12-2505, fault is a question of fact left to the jury if the case is tried. Evidence can move the number: the crash report, photos, scene measurements, vehicle data, witness statements and the physical damage. Our page on dealing with the insurance adjuster explains why it pays to be careful what you say early, since statements like “I didn’t see them” can be used to raise your share.
What to do this week
- Do not admit fault to the other driver’s insurer. Describe what happened factually and say you are still getting treatment.
- Get the crash report and check it for errors in the diagram, the narrative and any citations. Our accident report guide explains how.
- Save the evidence: photos of both vehicles, the scene, skid marks, signs and weather.
- Write down your own account while it’s fresh, including speed, lane and signals.
- Find witness names from the report or the scene.
- Know that a ticket is not the end of it. A traffic citation can be used in a fault argument, but how it affects the injury claim depends on the plea and the facts. Get advice before you pay a ticket from a crash where you were hurt. Our traffic ticket guide explains citation options.
How shared fault changes settlement talks
Because fault percentages translate directly into dollars, shared-fault claims are negotiated in ranges. An insurer that thinks a jury would put you at 20 percent may discount its offer by about that much, and a lawyer who thinks the evidence supports 5 percent can push back with that evidence. Neither side knows for certain what a jury would do, which is why both settle. Three practical points follow:
- Damages still have to be proven in full first. The fault reduction applies to the total, so a well-documented total matters as much as the percentage.
- Every defendant’s share counts. If a second driver, a vehicle owner or an employer shares fault, their insurance can be part of the recovery under the several liability rule.
- Your own fault can be argued down after the fact. Early statements, a quick guilty plea to a ticket, or a hasty recorded statement can make that harder. Get advice before any of them.
Our page on what a car accident claim is worth explains what goes into the damages total that the fault percentage is applied to.
Shared fault and your own insurance
Your own coverages can still help. Medical payments coverage pays regardless of fault under the terms of your policy, and collision coverage pays for your car’s damage less the deductible. Our page on who pays the medical bills walks through each one. When the other driver’s limits are low, your underinsured motorist coverage applies the same fault reduction.
Frequently asked questions
Can I recover if I was partly at fault for a car accident in Arizona?
Yes. Arizona follows pure comparative fault under A.R.S. 12-2505. Your share of fault reduces your recovery by that percentage but does not bar the claim.
What if I was more than 50 percent at fault?
Arizona does not cut off recovery at 50 or 51 percent. You can still recover the portion of damages caused by the other driver’s fault, though whether it is worth pursuing depends on the amounts involved.
Who decides how much fault I had?
Insurers negotiate over it, but under Arizona law fault is a question of fact. If the case goes to trial, the jury decides the percentages.
The insurance company says I was 50 percent at fault. Is that final?
No. An adjuster’s fault assessment is a position in negotiation. Evidence like the crash report, photos, witnesses and vehicle damage can change it.
I got a ticket for the crash. Can I still make a claim?
A citation can be used in arguing fault, but it does not automatically bar your injury claim. How it affects the claim depends on the facts and how the ticket is resolved, so get advice before paying it.
How does fault work when several cars were involved?
Arizona generally makes each driver liable only for its own percentage of fault under A.R.S. 12-2506, and the jury considers everyone who contributed. Identifying every driver and insurer matters.
Related guides
Think it was partly your fault? Free and confidential
Get a real read on fault before you accept the insurer’s number. We’ll connect you with an independent licensed Arizona attorney who handles Coconino County crash claims.
Sources & Corrections
Primary sources checked for this page on October 18, 2026:
- A.R.S. § 12-2505, Comparative negligence
- A.R.S. § 12-2506, Several liability and apportionment of fault
- A.R.S. § 12-542, Two-year limitation
See an error on this page? Email corrections@flagstaffazattorney.com. Corrections are reviewed and logged. Our corrections policy.
Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.