Everyone’s at Fault But Me: Comparative Fault in Arizona
As an accident attorney I deal with comparative fault whenever I evaluate the merits of a case. We learned this lesson as children. Say, for example, two kids are disobeying their parents and play catch in the house. Everything goes well until an errant throw breaks a lamp. Is the thrower at fault for the bad throw? What about the receiver who missed the ball? What about both of them for throwing the ball in the house?
In civil lawsuits, Arizona law allows claims of comparative fault. See Arizona Revised Statutes § 12-2506. A comparative fault case is one with a claim by any party that someone other than, or addition to, a single defendant is at fault. That someone could be a plaintiff, another defendant, or a non-party at fault if the proper notice was filed.
Whoever blames someone else has the burden of proving that someone else caused all or some of the harm. Mere accusations aren’t enough.
If evidence of comparative fault is sufficient, the judge, jury or arbitrator determines the degrees of fault and then allocates a percentage of fault to whomever is believed to have caused all or some of the harm. The fault percentages must total 100%.
In Arizona, non-parties to the case can be blamed, but only if one party has filed a correct notice pointing fault at the non-party and providing persuasive evidence of the non-parties’ fault. You can’t just point the finger of blame at someone without backing it up.
WHAT WE DO FOR YOU
As experienced accident attorneys in Arizona, we know what needs to be done when someone at fault tries to blame you for a crash or harm they caused. We can help you find the medical professionals you need to treat your injuries.
The other person’s insurance company is not on your side. You need an experienced personal injury lawyer to fight for you when the insurance company tries to blame you and withhold what you need to pay for your medical care and get you the compensation you deserve.
When you hire us, we will keep you updated every step of the way and communicate with you via phone calls, email, text, Zoom, and in-person in a safe setting. We’ll make sure you know what is happening and what the next steps will be.
Not every law firm fights for their clients. We do, and have extensive trial and arbitration experience. If a lawsuit is necessary to get what you need and deserve, we know what to do.
IF YOU HAVE QUESTIONS
Were you involved in a crash or injured by someone? Call accident attorney Kevin Chapman and his team at (480) 833-1113. We will fight for you from beginning to end.
Blog: Kevin’s Other Articles