Pure Comparative Negligence in Arizona Truck Accident Claims

Recovering compensation after a truck accident relies on the concept of negligence. Multiple parties may be responsible, including the truck driver, the trucking company, and even the victim. It is crucial to understand Arizona comparative negligence for truck accidents to know how much compensation you may be due.

Arizona uses a pure comparative negligence standard to determine how responsibility is shared for a truck accident and the damages that may be recovered by each party. Our Phoenix truck accident lawyers can explain what this means for your claim and fight to maximize your compensation.

For a FREE and confidential case review, call Burg Simpson at 602-777-7000 today. We represent the victims of trucking accidents in Phoenix and throughout Arizona.

What Is the Comparative Negligence Rule in Arizona?

Our state’s pure comparative negligence rule can be found in Arizona Revised Statutes § 12-2505. Unlike in many other states, Arizona does not bar the person(s) primarily responsible for the accident from recovering compensation.

Damages are reduced according to each party’s percentage of fault. For example, someone who sustained $100,000 in damages but is found to be 75% at fault would be limited to recovering $25,000 in compensation.

How Arizona’s Pure Comparative Negligence Rule Applies in Truck Accidents

It is not uncommon for truck accident claims to have more than one defendant due to how many parties are involved and how heavily regulated the trucking industry is. Drivers, trucking companies, freight loaders, maintenance companies, and others may all share responsibility for a truck accident.

As an example, consider a scenario where a truck driver falls asleep at the wheel and is late to brake for a motorist making an unsafe lane change in their path. To make matters worse, the truck’s brakes are faulty and fail to slow the truck down, resulting in a high-speed collision with the lane-changing motorist.

In evaluating the accident, it may be determined that multiple parties could be partially responsible:

• The truck driver for falling asleep
• The other motorist for making an unsafe lane change
• Potentially, the trucking company for forcing the driver to stay on the road longer than allowed
• The maintenance company for failing to properly maintain the brakes
• The manufacturer of the brakes, if they were faulty or defective

In insurance negotiations and in litigation, it must be determined what percentage each of these parties is responsible. This will determine how much each may be eligible to recover in compensation.

While pure comparative negligence is a good way to maximize fairness, it also makes the investigation and claims process more complex. It is crucial to have an experienced truck accident lawyer by your side who can protect your rights, advocate for the maximum compensation you deserve for your damages, and contest allegations of fault.

Who Can Share Fault?

There are several parties that can share fault for a truck accident, including:

• Truck drivers can be held liable for distracted driving, driving under the influence, reckless driving, and violating federal regulations.
• Trucking companies may be responsible for negligent hiring, training, supervision, or maintenance under the Federal Motor Carrier Safety Administration’s safety requirements.
• Other motorists may be responsible for the same negligent behavior as truck drivers, including distracted driving and driving under the influence.
• Maintenance or loading companies can be negligent by failing to properly maintain a vehicle or properly load it.
• Parts manufacturers, government agencies, and others

Because of how many parties can be involved, a thorough, detailed investigation is a critical first step in any successful truck accident claim.

How Do Arizona Comparative Negligence Truck Accident Laws Affect My Claim?

At a basic level, the rule for Arizona comparative negligence in a truck accident typically favors injured victims. It helps to ensure that virtually anyone who is hurt in the crash can recover some compensation for their injuries, even if they share in the responsibility and are not.

However, it is important to be mindful of how insurers may use comparative fault against you. Their primary goal is to pay you as little compensation as possible, and they will not hesitate to argue that you share more responsibility for an accident than you should accept. They will then use this argument to form a “low-ball” settlement offer.

It can be difficult to assign responsibility for truck accidents, but you should never accept an insurer’s estimation. Instead, we recommend working with a lawyer who has experience handling pure comparative negligence matters to ensure you are treated fairly in the claims process. If not, the best option may be to file a lawsuit and take the case to trial.

Read More: Choosing a Phoenix Truck Accident Law Firm

Can I Recover Compensation If I Am Partly At Fault?

Yes, under Arizona’s pure comparative negligence rule, you can recover compensation even if you are deemed to be 99% at fault for the accident.

It is important, however, to be mindful of how this will affect your recoverable compensation amount. This is especially relevant in high-value claims. If, for example, your claim is worth $500,000, every single percentage point is worth $5,000 – meaning the difference between being 30% at fault and 40% at fault would be $50,000.

This is why you should never accept an insurer’s word for it. A skilled trucking accident lawyer can do the calculations and estimations on your behalf based on evidence, facts, and legal precedent.

How Are Fault Percentages Determined?

Fault percentages must be determined on a case-by-case basis, relying on evidence, police reports, accident reconstruction, witness testimony, and more to determine:

1. How the accident took place
2. What a reasonably prudent person would have done differently, given the circumstances

If a defendant’s behavior deviates slightly from what a reasonably prudent person would have done, then their share of fault will likely be relatively small. On the other hand, if their behavior was very different from what they should have done, then their fault percentage will likely be high.

Ultimately, this percentage will either be determined in settlement negotiations or by the court if the case goes to trial. This underscores the importance of having a claim based on evidence and strong legal argument.

Burg Simpson Can Help Protect Your Claim

After being injured in a truck accident, you might hope to find sympathy from the other parties involved. Unfortunately, their goal is to deny responsibility and pay as little compensation as possible.

Insurers may offer you a low-ball settlement, or try to get recorded statements from you, or try to gain access to your medical records. You should expect and reject all of these efforts.

Knowing how to investigate the truck accident, gather evidence, recruit the help of expert witnesses, and negotiate a fair settlement are all challenging tasks for nearly anyone who does not handle truck accident claims on a regular basis.

At Burg Simpson, we are here to help you navigate the claims process as smoothly as possible while ensuring you are not taken advantage of by insurers or other parties. We know how challenging this time is, which is why we are ready to stand for your rights and pursue maximum compensation under the Arizona comparative negligence truck accident law.

Contact Our Phoenix Truck Accident Lawyers Today to Schedule a FREE Case Review

If you are trying to determine how to protect your rights after a truck accident, we encourage you to get in touch with the Phoenix truck accident lawyers at Burg Simpson as soon as possible.

As Good Lawyers. Changing Lives.®, we have recovered over $2 billion in verdicts and settlements for our clients. We combine our local clout with our national strength to give our clients the legal representation they need and deserve.

If you have been injured in a truck accident in Phoenix, Tempe, Mesa, Chandler, Glendale, or any other part of Arizona, reach out today to schedule your FREE case review. You pay nothing upfront and are only responsible for fees if we obtain a favorable outcome on your behalf.