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What Negligence Laws apply to Accident Lawsuits in Arizona?


— June 1, 2022

There is one caveat in Arizona negligence laws that any plaintiff who is found to have intentionally contributed to their own injuries or the accident cannot recover any money at all. 


Phoenix, AZ – When someone is hurt in any kind of accident, it is likely that they will retain legal help to try to receive compensation. Almost all accident cases are filed as negligence cases. This is important because the victim can list a summary of their losses, and then try to get the defendant to pay for them if the victim is successful. There are many accident lawyers in Arizona who primarily focus on these kinds of cases. 

Defining negligence

Negligence is a type of civil lawsuit that is used for various kinds of cases related to accidents and injuries. The plaintiff in a negligence case argues that the defendant breached their duty of care and caused injuries and losses. Motor vehicle accidents are some of the most common kinds of negligence cases. Each state has slightly different laws regarding how fault can be divided in an accident, although the basic elements remain the same. Each plaintiff must prove a relevant duty of care existed, there was a breach of that duty, which resulted in actual causation of the losses and damages. 

Arizona negligence laws 

Arizona uses a system of negligence known as pure comparative negligence that is used in several states around the country. This means that fault for an accident can be divided in any way between the parties involved to equal one hundred percent. If the plaintiff is partially at fault, they will only lose an amount of compensation that matches their percent of fault. There is no level of fault that will entirely block a plaintiff from recovering damages. In practice, this tends to make accident lawsuits more favorable to plaintiffs who want to recover some kind of money for being involved in a collision.

Fallen bike in side rearview mirror; image by Alexas_Fotos, via Pixabay.com.
Fallen bike in side rearview mirror; image by Alexas_Fotos, via Pixabay.com.

There is one caveat in Arizona negligence laws that any plaintiff who is found to have intentionally contributed to their own injuries or the accident cannot recover any money at all.

Compensation in a negligence case

One of the main benefits of a negligence lawsuit is the various types of compensation available. Medical and healthcare costs tend to be very high, and all of these can be listed by the plaintiff in the document that starts their lawsuit. The victim can also list their lost income and wages, and other damage to their career and earning potential. Non-economic damages related to emotional and physical pain along with various kinds of trauma and quality of life issues can be listed as well. 

Assistance with an accident lawsuit

USAttorneys.com is a site that can provide information about meeting with a local lawyer. Anyone who needs to speak with an accident attorney in Phoenix can use the directory, to get connected with a legal professional in their area. 

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