Car accidents can flip your world upside down. One moment you’re driving to work or picking up your kids, and the next, you’re dealing with injuries, vehicle damage, and endless insurance calls. If you’ve been in a crash in Arizona—or someone you care about has—it’s natural to feel overwhelmed. One of the first questions you might ask is: “Who was at fault?”
Fault matters—a lot. It affects whether you can seek compensation and how much you might receive. Here’s what you need to know about how Arizona figures out who’s responsible after a car accident.
Arizona’s Comparative Negligence System
Explanation of Comparative Fault
Arizona follows what’s called a pure comparative negligence system. This means fault is divided up among everyone involved in the accident—even you. If you were partly at fault, it doesn’t mean you can’t recover anything. It just means your compensation will be reduced based on your percentage of fault. For example, if you’re awarded $100,000 but found to be 30% at fault, you’ll still receive $70,000.
That’s why determining fault accurately is so important. It can directly affect your recovery—and your future.
Arizona Is Not a No-Fault State
Unlike some states, Arizona is an “at-fault” state when it comes to auto insurance. That means the person who caused the accident—and their insurance company—are financially responsible for the damages.
This system can be beneficial for injured victims, but it also means insurance companies will often try hard to minimize their payout. That’s where we come in—to fight for what’s fair and make sure you’re not left covering someone else’s mistake.
How Do You Tell Who Is in the Wrong in a Car Accident: Determining Fault
When you’re in a car accident, one of the first questions that pops up is: “Whose fault was it?” This matters because the answer affects everything—from who pays for damages to whether you can file a lawsuit.
Here’s how fault is typically determined in Arizona:
- Police Reports
After a crash, the police officer who responds will usually write an accident report. This report includes facts about the scene, any laws that were broken, statements from those involved, and sometimes the officer’s opinion on who was at fault. While not the final say, it’s a key piece of evidence in your case. - Traffic Laws
If someone ran a red light, was speeding, was under the influence, texting while driving, or failed to yield, they’ve violated Arizona traffic laws—and that can point to fault. - Witness Statements
Bystanders or passengers who saw what happened can help paint a clear picture of how the crash occurred. Their stories can make a huge difference. - Crash Scene Evidence
Photos, skid marks, vehicle damage, dashcam footage—these things help investigators reconstruct the accident and figure out who caused it. - Insurance Investigation
Both parties’ insurance companies will do their own investigation to assign fault. Just remember: their goal is to protect their bottom line, not necessarily to be fair. Having a lawyer helps you challenge biased or unfair fault findings.
What to Do After an Arizona Car Accident
You’re hurt. You’re shaken up. You may not know what to do first. Here’s how we help make the process easier:
- Make Sure You’re Safe
Before anything else, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. If you’re able to move, get to a safe area away from traffic. - Call the Police
Even if the accident seems minor, it’s crucial to have a police report. This creates an official record of the crash, which can be extremely important later when determining fault and seeking compensation. - Document the Scene
If you’re physically able and it’s safe to do so, take photos of vehicle damage, the road or intersection, skid marks, traffic signs, signals, your injuries, license plates of involved vehicles
Also, exchange names, contact, and insurance information with the other driver—but don’t admit fault or argue. Just keep it brief and respectful. - Talk to Witnesses
If anyone saw what happened, ask for their contact info. Their testimony could help support your version of events later. - Get Medical Attention
Even if you feel “okay,” it’s essential to get checked by a doctor as soon as possible. Some injuries (like whiplash or internal trauma) don’t show up right away. Medical records also help link your injuries directly to the accident—something insurers often try to dispute. - Legal Guidance and Support: Your assigned attorney will provide personalized legal guidance. We outline the steps we will take on your behalf. This approach ensures that you can focus on your recovery while we handle the legal aspects.
Regain control over your legal journey – contact Esquire Law today if you’ve received multiple injuries. Let us champion your rights as you recover from your critical injuries.
Challenges in Fault Disputes
What If the Other Driver Disputes Fault?
You’d be surprised how often this happens. Even in accidents that seem straightforward, the other driver might tell a completely different story—or deny any responsibility altogether. Sometimes, it’s not even them—it’s their insurance company trying to protect their bottom line by shifting the blame to you.
This can feel incredibly frustrating, especially when you’re already dealing with pain, medical bills, and time off work. That’s why it’s crucial to gather strong evidence as early as possible.
Our Phoenix car accident lawyers know exactly how to fight back when the other side refuses to accept responsibility. We collect the right evidence, speak the insurance company’s language, and make sure your voice is heard.
Call us now for a free consultation. Let’s talk about your accident, review your options, and start building your case—step by step.