Arizona is a fault-based state for car accidents. The at-fault driver is responsible for paying damages through their insurance. Arizona follows pure comparative negligence under ARS 12-2505, meaning injured drivers can still recover compensation even if partly at fault. Their award is reduced by their percentage of fault. The filing deadline is two years from the accident date.
Because fault rules, comparative negligence, reporting duties, and filing deadlines are established at the state level, the same Arizona car accident laws apply in Surprise, throughout the West Valley, and across the rest of the state.
Arizona is a fault-based state, also called a tort state. This means the driver who caused the crash is responsible for paying damages through their insurance.
Under Arizona car accident laws, an injured person may pursue compensation for medical expenses, lost income, property damage, pain and suffering, and other losses caused by the collision. The amount available depends on fault, insurance coverage, documented damages, and whether another party contributed to the crash.
An injured driver generally has three options:
Fault is not based only on what either driver says at the scene. Police reports, photographs, video footage, witness statements, vehicle damage, medical records, and traffic laws may all help establish who caused the collision.
Arizona comparative negligence law under ARS 12-2505 allows injured drivers to recover compensation even when they share fault. Your award is reduced by your percentage of responsibility.
Comparative negligence applies when more than one person contributed to a crash. Arizona car accident laws allow each party to receive a percentage of fault instead of automatically preventing an injured person from recovering compensation because of a partial mistake.
For example, assume your total damages are $100,000, but the evidence shows that you were 20% responsible for the collision. The calculation would be:
An intersection crash can involve shared responsibility even when one driver had the right of way. One driver may have entered on a red light, while the other was speeding or looking at a phone and failed to react. A jury could assign 80% of the fault to the driver who ran the light and 20% to the other driver. If the second driver had $50,000 in damages, the recovery could be reduced to $40,000.
Arizona’s rule is considered pure comparative negligence because no fault threshold automatically eliminates recovery. A person found 50%, 80%, or even 99% responsible could theoretically recover the percentage of damages attributed to another party.
Insurance adjusters may use the pure comparative rule to reduce an early settlement offer. They may claim the injured driver was speeding, distracted, following too closely, or failed to avoid the collision, even when the other driver was primarily responsible.
An adjuster may also ask for a recorded statement before the injured person has reviewed the police report or gathered other evidence. Small inconsistencies, estimates about speed, or casual comments made shortly after the crash may be used to support a higher fault percentage and pressure the claimant to accept less.
A low initial offer may reflect the insurer’s fault argument rather than the full value of the claim. Injured drivers should review the evidence, medical records, and fault allocation before accepting a settlement that permanently closes the case.
Evidence is central to how fault is determined in Arizona. Photos, witness statements, traffic camera footage, medical records, and vehicle data can help challenge an unsupported fault assessment.
Experienced car accident lawyers can review the insurer’s position, preserve evidence, and dispute attempts to reduce compensation through an unfair allocation of fault.
Arizona law requires drivers to contact law enforcement if a crash causes injury, death, or property damage over $1,000. Police must file a written report when damage exceeds $2,000 or the crash involves injury, death, a hit-and-run, or a traffic citation. Arizona car accident reporting requirements are governed by ARS 28-663 and ARS 28-667.
Call 911 when anyone is injured, a driver leaves the scene, or the collision creates a danger to traffic. Drivers must exchange names, addresses, license information, registration details, and insurance information. ARS 28-663 also requires drivers to provide reasonable assistance to anyone injured.
Under ARS 28-667, the investigating officer must file the written report within 24 hours after completing the investigation. If no officer responds to a minor crash involving no injuries and no more than two vehicles, the drivers may be able to submit a Citizen’s Collision Report through the Arizona Department of Public Safety.
Drivers should also photograph the vehicles, road conditions, traffic signs, visible injuries, and surrounding area. These duties are part of broader Arizona negligence laws, and the resulting evidence may help insurers and attorneys evaluate fault under Arizona car accident laws.
Arizona requires all drivers to carry minimum liability insurance: $25,000 for bodily injury per person, $50,000 per accident, and $15,000 for property damage.
The required minimums are:
Drivers can compare Arizona’s limits with the minimum car insurance requirements by state. Carrying only the legal minimum may leave a driver personally responsible when medical bills, lost income, or property damage exceed the available policy limits.
Driving without insurance can lead to license suspension, registration cancellation, reinstatement costs, and personal liability for damages caused. Uninsured motorist coverage may help protect an injured person when the at-fault driver has no liability insurance.
Leaving the scene of an accident in Arizona is a crime. Depending on the severity of the crash, it can be charged as a misdemeanor or felony.
Arizona law breaks hit-and-run duties into three situations depending on what was damaged. ARS 28-661 requires drivers to stop and remain at the scene when a crash causes injury or death. ARS 28-662 applies when the crash damages another occupied vehicle, meaning drivers must stop and exchange information even if no one was hurt. ARS 28-664 covers unattended vehicles, requiring drivers who damage a parked or unoccupied car to locate the owner or leave their name, address, and insurance information at the scene.
Potential charges include:
If the at-fault driver flees, take these steps to preserve evidence:
These duties are part of broader Arizona liability laws. A hit-and-run conviction may also lead to license revocation and criminal penalties separate from any civil claim.
Uninsured motorist coverage may provide compensation when the fleeing driver cannot be identified. If police later locate the driver, the injured person may also pursue a liability claim against that driver and any applicable insurer.
In Arizona, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline generally means losing the right to recover compensation.
The Arizona statute of limitations for car accidents is established by ARS 12-542 and sets a two-year deadline from the date of the crash. Insurance negotiations do not automatically pause this period, so an injured person may need to file a lawsuit even when the claim is still under review.
Limited exceptions may affect the deadline. Different rules can apply when the injured person is a minor, an injury could not reasonably have been discovered earlier, or the claim involves a government entity or public employee. The statute of limitations for personal injury claims should be reviewed as early as possible when one of these circumstances applies.
Wrongful death claims generally must be filed within two years from the date of death. Acting early also helps preserve medical records, video footage, witness statements, and other evidence needed to enforce rights under Arizona car accident laws.
Arizona car accident laws allow an injured person to pursue compensation for financial losses and the personal impact of the collision. The amount depends on the injuries, available insurance, evidence, and each party’s percentage of fault.
Economic damages cover losses that can be documented through bills, receipts, employment records, and repair estimates. Common examples include:
Non-economic damages may compensate for physical pain, emotional distress, disability, scarring, disfigurement, and loss of enjoyment of life. Arizona does not cap compensatory damages in personal injury or wrongful death cases, which allows recovery to reflect the full value of proven losses.
In a wrongful death claim, eligible family members may seek compensation for loss of companionship, lost financial support, funeral costs, and other damages connected to the death.
Pure comparative negligence can reduce the final recovery. If an injured driver has $200,000 in damages but is assigned 25% of the fault, the potential compensation would be reduced to $150,000.
A complete claim should include current losses and reasonably expected future harm. Once a settlement and release are signed, the injured person usually cannot reopen the claim if additional treatment becomes necessary later.
Thompson Law represents injured people across Arizona on a contingency fee basis, which means there are no upfront attorney fees while we build your case. Request a Free Consultation to find out what your Arizona car accident claim may be worth. No Fee Unless We Win.
No. Arizona is a fault-based state, which means the driver who caused the collision is generally responsible for the resulting injuries and property damage.
You may be able to file a claim through your own uninsured motorist coverage. Other options may include collision coverage, health insurance, or a claim against the responsible driver’s personal assets.
You generally have two years from the date of the accident to file a personal injury lawsuit under ARS 12-542. Shorter deadlines may apply to claims involving government entities or public employees.
Yes. Arizona follows pure comparative negligence, so you may recover compensation even if you share fault. Your recovery is reduced by your assigned percentage of responsibility.
Penalties range from a Class 1 misdemeanor to a Class 2 felony, depending on the injuries involved, whether the driver provided required assistance, and whether the fleeing driver caused the crash.
Sí. Thompson Law ofrece asistencia en español para personas lesionadas en accidentes de auto en Arizona. Puede visitar nuestra página de contacto para solicitar una consulta gratuita y conocer sus opciones legales. No cobramos a menos que ganemos su caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
