What is meant by comparative fault?
Sometimes an “accident” has been caused by more than one person. In fact, in many situations, the victim is himself partly to blame for his injuries. Arizona law provides that judges or juries in personal injury and wrongful death cases may determine just how much each party was at fault. Let’s use the example of a car striking a pedestrian. If you, the pedestrian, were lawfully crossing the street in a marked crosswalk, with a green light, and a driver ran a red light and slammed into you, the driver would almost certainly be considered 100% at fault. In contrast the case of two motor vehicles where another driver pulls out in front of you, causing a collision. Although a jury might find the other driver 80% at fault for failing to yield, it might find you 20% to blame, perhaps because you were speeding! Under that scenario, the defendant would still have to pay you 80% of the total value of your claim. This same comparative analysis is used by juries to determine their awards in all
