Negligence is the legal concept that an individual can cause someone harm through reckless behavior. According to Arizona Legislature, comparative negligence allows you to recover damages even if you have partial fault.
Understanding comparative negligence is essential when dealing with a personal injury case. Comparative negligence might reduce the damages you owe if you injured another party. On the other hand, if you receive an injury, you may receive less of a payout. See below to understand how to prove negligence in a personal injury case and how comparative negligence affects the process.
Proving a breach of duty
You likely have specific duties of care, whether you realize it or not. For example, if you operate a motor vehicle, you have a legal safety responsibility to other drivers and pedestrians. If someone crashes into you, they breach that duty. However, if the court finds that you broke a traffic law at the time of the accident, you may not receive the payout you expected due to comparative negligence.
Besides determining the breach of duty, negligence requires proof of causation. In motor vehicle accidents, you must establish that another driver or pedestrian caused your injury. This becomes less clear when another motorist causes you to crash without colliding with your vehicle.
Proving you suffered damages
Finally, you must establish that you suffered damages. This is usually the most straightforward aspect of negligence because you should have medical bills or other financial losses if you suffer an injury.
Negligence in Arizona requires establishing that you suffered damages caused by the actions of another party. Comparative negligence laws mean you may recover partial damages even if you had some blame for the accident.