Sharing the blame doesn't always end your claim
Many crashes aren't all one driver's fault. One person was speeding and the other turned without looking. One driver was on the phone and the other ran a yellow light.
Both Arizona and Georgia use comparative fault. That means fault can be split between drivers, and your share can lower what you may recover. The two states draw the line in different places.
Arizona uses pure comparative fault
In Arizona, your own fault doesn't bar you from recovering. Instead, your damages are reduced in proportion to your share of fault (A.R.S. § 12-2505).
This means you may still have a claim even if you were more to blame than the other driver. The bigger your share, the more your recovery goes down.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Georgia has a 50% bar
In Georgia, you can recover only if you were less than 50% at fault. If you are, your damages are reduced by your share of fault (O.C.G.A. § 51-12-33).
Because of that line, fault fights in Georgia can be all or nothing. Under a 2025 change in the law, for many newer cases, whether you wore a seat belt can generally be considered when fault is divided (O.C.G.A. § 40-8-76.1). An attorney can tell you whether this applies to your case.
How fault usually gets argued
- The police report and any tickets, which can matter but usually aren't the final word.
- Where the cars were hit, which can show who turned, merged or braked.
- Photos, dashcam footage and nearby business or traffic cameras.
- What witnesses saw and heard.
- Traffic rules, like right of way and following distance.
- What each driver said at the scene and to the insurance companies.
Don't accept a fault number without questions
An adjuster may tell you that you're partly to blame and offer less because of it. That's the insurer's view, not a final ruling. You can ask them to explain in writing how they reached it.
Be careful in phone calls and recorded statements, since offhand comments can be used to shift blame toward you. An attorney can look at the evidence and push back where it makes sense.