What Does Comparative Negligence Mean in Arizona?

What happens when you are in a car accident and it was your fault, can you recover any compensation? That depends on where your car accident takes place. Each state and even some local jurisdictions have their own way to handle civil cases. Pretty much all civil cases revolve around the theory of negligence which explains when a party or parties do not exhibit actions in which “reasonable care” was used. As a result, another party suffered damages or injuries from these negligent actions. If you cause an accident, the other party’s duty is to prove that you were negligent and your actions caused them harm, you will be found liable for their damages.

This could mean many things as there are many examples of negligence. In Arizona, the comparative negligence system is used. If you are unsure of your rights or your ability to pursue compensation after an Arizona automobile accident, speaking with an Arizona automobile accident attorney is prudent.

What Are the Different Types Of Negligence Categories?

Contributory Negligence

This is an all-or-nothing system that says if one party has anything to do with their accident they can receive no compensation. In other words, if you get into a car crash with another car and you were deemed to be 5% at-fault and the other party was 95% at-fault, you still cannot be compensated. This system is not widely used around the country.

Comparative Negligence

The comparative negligence system allows both parties, no matter how much they are at-fault to recover compensation. States that operate under a pure comparative negligence system say that it doesn’t matter what the extent of responsibility for a car accident is for one party, they can still recover costs. If a person hits you and they are deemed 99% at-fault, they still can recuperate 1% of the settlement amount.  Arizona follows this system.

Modified comparative systems only allow individuals who are deemed to have 49% fault or less. Once a person is determined to have 50% or greater responsibility for an accident, they lose their ability to be compensated. 

Vicarious Liability

An individual, employer, or company is responsible for the actions of their animals or employees while in their care. Think about taking a dog to doggy daycare and the dog attacks another animal, inflicting injury. The victim may have the right to sue both the doggy daycare and the dog owner.

Gross Negligence

This occurs when the actions of one party are extremely reckless and there is no argument to make that any reasonable person would act in such a way. These cases can also come with the addition of punitive damages awarded on top of the final settlement amount.

When Should You Speak with an Arizona Personal Injury Attorney?

Due to our negligence system, if you have been in an accident and injured, you may be eligible for compensation to help you pay for your damages. The Arizona serious injury attorneys at ELG have extensive experience helping victims win the compensation they deserve after an Arizona injury accident. Call the Phoenix personal injury attorneys at ELG today at (623) 877-3600 to schedule your free, no-obligation consultation.