I'm partly at fault for my injuries. Can I still get compensation?
Mesa, AZ personal injury attorney Gary A. Porter talks about how much someone could recover in a case if they were substantially at fault.
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There’s a comparative fault statute or system here in Arizona, a jury or a trier of fact, an arbitrator can divide fault between many parties. If there is somebody that is 20 percent at fault, 50 percent at fault, it could be divided amongst somebody who – everybody that is involved in the accident, basically. And it’s a pure comparative fault state. If you were to be partially at fault, let’s say you went through an intersection on a red light and you had somebody coming the opposite way that made a left-hand turn also on the red light there’s going to be some comparative fault on both parties there. And it can be divided up amongst each person that may have a percentage of fault. And yes, you can recover in Arizona even if you’re partially at fault.
Several states have that 50 percent benchmark if you’re more than 50 percent at fault you can’t recover. In Arizona it’s not that way you can recover even if you’re 75 percent at fault or 90 percent at fault. If your injuries are catastrophic and there’s some real liability on many different parties in it or even just one other party, and even if you are substantially at fault for the accident you can recover on those cases.