Yes, you can still file for compensation even if you are partially responsible. Under Arizona law, a claimant can recover damages as long as they are not completely at fault for the accident. The jury may just reduce their compensation by their percentage of fault.
For example, if a person’s total damages amount to $10,000, and the jury finds them 20% responsible for the truck collision, then the jury may reduce the award to $8,000. However, every case is different. If you or a loved one is planning to take legal action after a truck accident, it’s important to consider the information below.
Arizona follows a pure comparative fault system
In Arizona personal injury cases, juries assign responsibility as a percentage to all the parties that contributed to the accident, whether directly or indirectly. What does this mean? The truck driver is not the only party that a jury can hold liable.
Depending on the specific factors surrounding the accident, it can also hold the trucking company, cargo loaders or parts manufacturers accountable. The jury will decide on the percentage of fault of each party based on the evidence presented, such as electronic logging device (ELD) data from the truck, witness testimonies or dashcam footage.
Each defendant is usually responsible for their own percentage of fault. In truck accidents, a trucking company may also be responsible for the fault of their truck driver. So if a truck company and its truck driver is 40% at fault and a truck manufacturer is 20% at fault, the claimant can only collect those specific amounts from each party.
Situations where you may be barred from compensation
A jury can bar the claimant from receiving compensation if they intentionally, willfully or wantonly contributed to their own injury. This includes cases where the injuries occurred during the act of – or flight from – a felony crime resulting in a conviction. Intentional acts, such as staging a collision or attempting self-harm, can also disqualify one from seeking any financial recovery.
Compensation depends on the specifics of your case
Note that juries determine fault on a case-by-case basis through thorough investigations. If a truck accident injures you or a loved one, get the professional legal counsel you need when assessing your case and the potential value of your claim.
