Car accidents are often chaotic, and determining fault can be complicated. If you were partially responsible for an accident in Arizona, you might wonder if you can still file a claim for your injuries, lost wages, pain and suffering and a host of other damages that accidents spawn. The answer is yes—Arizona’s pure comparative negligence law allows you to recover damages even if you share some of the blame. However, your compensation will be reduced by your percentage of fault. Navigating this process can be challenging, which is why hiring an experienced Arizona car accident lawyer like Garrick McFadden of GAMESQ, PLC is crucial. Garrick will evaluate your case, fight to minimize your liability, and work to maximize your compensation.
Understanding Arizona’s Pure Comparative Negligence Law
Arizona follows a legal principle called pure comparative negligence, which means that even if you are 99% at fault for an accident, you can still recover damages for the remaining 1% of fault attributed to the other party. Your total compensation will simply be reduced by your percentage of responsibility.
For example:
- If your damages amount to $100,000 and you are found 30% at fault, you can still recover $70,000 (70% of the total damages).
- If you are 80% at fault, you can recover $20,000.
This system ensures that accident victims are not barred from seeking compensation simply because they share some responsibility for the crash. Arizona does not always get everything right, but they got this right and have created a more fair and just legal system to help people injured in motorcycle crashes get the compensation they are entitled to.
How Fault Is Determined in Arizona
Fault is determined by evaluating the actions of all parties involved in the accident. Factors such as speeding, distracted driving, failure to yield, or running a red light can all contribute to assigning percentages of fault. Insurance companies and courts rely on evidence like police reports, eyewitness statements, traffic laws, and accident reconstruction analyses to make these determinations.
However, insurance companies often try to assign a higher percentage of fault to victims in order to reduce their payout. This is where having a skilled attorney like Garrick McFadden becomes essential.
Why You Need Garrick McFadden on Your Side
When you’re partially at fault for an accident, proving that the other driver bears greater responsibility is critical to maximizing your compensation. Garrick McFadden has extensive experience handling complex car accident cases and understands how to navigate Arizona’s comparative negligence laws effectively. Here’s how he can help:
1. Comprehensive Case Evaluation
Garrick begins by thoroughly evaluating the details of your accident. He’ll review:
- Police reports
- Witness statements
- Medical records
- Photos or videos of the accident scene
This meticulous approach ensures that no detail is overlooked and helps identify factors that could reduce your percentage of fault. Sometimes when someone is in shock, they might say something to a medical professional that is recorded in that person’s notes that gives us an idea of what happened in the Arizona motor vehicle accident.
2. Building a Strong Case
Garrick works tirelessly to gather evidence that supports your claim and demonstrates the other driver’s negligence. He collaborates with accident reconstruction experts when necessary to establish exactly how the crash occurred and who was primarily responsible.
For example:
- If you were speeding but the other driver ran a red light, Garrick will focus on proving that running the red light was the primary cause of the accident.
- If both drivers made mistakes, he’ll work to increase the liability attributed to the other party.
3. Negotiating with Insurance Companies
Insurance companies often use aggressive tactics to assign more blame to victims and minimize payouts. With years of experience negotiating with insurers, Garrick knows how to counter these strategies effectively. He fights tirelessly to ensure that you receive a fair settlement that reflects the true extent of your damages.
4. Maximizing Compensation
Even if your injuries seem minor—such as strains or sprains—Garrick understands their potential long-term impact on your health and finances. He will seek full compensation for:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Emotional distress
If your injuries are severe or life-altering, Garrick will ensure that every aspect of your damages is accounted for in your claim.
5. Litigation When Necessary
If insurance negotiations fail to yield a fair settlement, Garrick is prepared to take your case to court. As an AV-Rated trial attorney with years of courtroom experience, he knows how to present compelling arguments that resonate with judges and juries.
When Filing a Claim Is Worth It
Filing a claim is almost always worth it if you’ve been injured in a car accident—even if you share some responsibility. Here’s why:
- Serious Injuries: If your injuries require medical treatment or result in lost wages, filing a claim can help cover these costs.
- Long-Term Impact: Even minor injuries like whiplash or sprains can lead to chronic pain or complications over time.
- Accountability: Filing a claim holds negligent drivers accountable for their actions and helps prevent future accidents.
Garrick McFadden will carefully assess whether pursuing a claim is in your best interest based on the severity of your injuries and the available evidence.
Your Path Forward After an Accident
Being partially at fault for an accident doesn’t mean you have to bear all the financial burdens alone. Arizona’s pure comparative negligence law ensures that you can still seek justice and compensation for your injuries—and with Garrick McFadden as your lawyer, you’ll have a dedicated advocate fighting for your rights every step of the way.
At GAMESQ, PLC, we believe every client deserves personalized attention and robust legal representation. Garrick will guide you through this challenging process with empathy and expertise, ensuring that you feel supported from start to finish.
Take Action Today
If you’ve been injured in an Arizona car accident—even if you think you were partially at fault—don’t wait to seek legal help. The sooner Garrick McFadden evaluates your case, the stronger your claim will be.
Contact GAMESQ today at gamesqlaw.com or call us directly for a free consultation. Let us handle the complexities of comparative negligence so you can focus on healing and moving forward with confidence. With Garrick McFadden on your side: Your injuries are our fight—and your win is our mission.
