Proving negligence is a vital aspect of all personal injury cases, but this is especially so in Arizona. Many states say only one party in a Phoenix car accident can recover money for their injuries; however, Arizona looks at car accidents through the lens of pure comparative negligence. So what is pure comparative negligence, and how does it impact you?
Pure Comparative Negligence
Pure comparative negligence means a driver can receive recovery funds from an accident as long as the other person is found partially at fault for an accident. Therefore, regardless of the person’s own fault in the accident, he or she is entitled to recovery funds as long as the other person had at least 1% of fault.
For example, suppose someone runs a red light and strikes another vehicle in the middle of an intersection. While the person who ran the red light is undoubtedly partially responsible for the accident, let’s suppose the other driver was speeding when he or she was hit by the person who ran the red light. The court may find the person who ran the light to be 75% at fault, while the person who sped to be 25% at fault. Therefore, based on pure comparative negligence, the parties would recover damages equal to the other party’s percentage of negligence.
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Get StartedTalking to a Personal Injury Lawyer Is Always Beneficial
Thanks to the pure comparative negligence rule, talking to an experienced lawyer about your auto accident injury is always worth the call! If you or a loved one is injured in an Arizona auto accident, regardless of who you believe is at fault, contact Suzuki Law Offices as soon as possible for a free consultation!
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