Comparative Fault
Fault in an auto accident is determined in Arizona on a comparative basis.
In a typical auto accident, there is usually a party that is completely at fault. For instance, when a rear end collision takes place, invariably, the driver who strikes from behind will be determined to be the cause of the accident and therefore at fault. In addition, the issue of comparative fault will not be addressed as the negligence on the part of the vehicle striking from behind is complete and full.
Other accidents that occur in Phoenix may be less clear in terms of how fault should be assigned. For example, when two vehicles collide at an intersection due to both parties disobeying the traffic signal, i.e. one party moves too late into the intersection and one party moving too early. Fault in such an instance can be apportioned on a percentage basis, example 60 -40. In such an instance, costs between insurance liability companies and other parties would be shared according to the percentage of liability of the parties they insure. At times issues of comparative fault can become complex, especially if there is a Phoenix personal injury involved.
Comparative fault allows parties to be responsible only to their actual degree of fault in a Phoenix personal injury.
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