Pure comparative fault means no fault percentage bars your recovery in Arizona. But government vehicle claims have a 180-day notice deadline and a one-year lawsuit window — not two.
Arizona is pure comparative fault with a two-year deadline — clean and claimant-friendly. The hidden trap is government vehicles. If a city truck or state vehicle hit you, your window to act is 180 days, not two years.
Arizona is a fault-based state following pure comparative fault under A.R.S. § 12-2505. Like California and Washington, there's no fault percentage that eliminates your recovery — you can be 90% responsible and still recover 10% of your damages from the other party. The two-year statute of limitations under A.R.S. § 12-542 gives you a reasonable window. Arizona also requires minimum liability coverage, and Phoenix specifically has high traffic density and significant commercial vehicle activity that generates a steady volume of serious injury cases.
The hidden trap in Arizona is government vehicles. If you were hit by a city truck, ADOT vehicle, county vehicle, school bus, or any other government-owned vehicle, two critical deadlines apply that most people don't know about. First: you must file a Notice of Claim with the appropriate government entity within 180 days of the accident under A.R.S. § 12-821.01. This is a condition precedent — not a mere formality. Miss it and you permanently lose the right to sue that government entity, regardless of how clear the liability.
The second government-entity deadline is a one-year statute of limitations for filing the actual lawsuit under A.R.S. § 12-821 — compared to two years for private parties under A.R.S. § 12-542. So if a government vehicle was involved, you have 180 days for the notice and one year for the lawsuit, not two. Arizona courts strictly enforce both deadlines with no equitable exceptions. If there's any chance a government vehicle was involved in your accident — including municipal transit, ADOT maintenance trucks, or any vehicle with government plates — contact an attorney immediately.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Two years from the accident date for private parties under A.R.S. § 12-542. One year for lawsuits against government entities under A.R.S. § 12-821. If a government entity is involved, you must also file a Notice of Claim within 180 days of the accident under A.R.S. § 12-821.01 before you can sue. Arizona courts strictly enforce both deadlines. Miss the 180-day notice and you lose the right to sue the government entity even if the one-year SOL hasn't run.
Yes. Arizona follows pure comparative fault under A.R.S. § 12-2505, meaning no fault percentage bars your recovery. If you were 60% at fault, you recover 40% of your damages. If you were 80% at fault, you recover 20%. The insurer will still try to maximize your percentage of fault to minimize the check — that's standard practice. An attorney documents the evidence to keep your fault assignment as low as the facts support.
Check your own policy for uninsured motorist coverage. Arizona requires insurers to offer UM/UIM; if you didn't explicitly reject it, you likely have it. If the at-fault driver crossed from Mexico without valid US coverage, your UM coverage is almost certainly your primary recovery source. Arizona's border location makes this scenario more common than in most states. An attorney can identify all available coverage sources including UM, MedPay, and any applicable commercial policies.
Maricopa County (Phoenix metro) produces significantly higher verdicts than rural Arizona counties. Pima County (Tucson) is moderately plaintiff-friendly. Rural counties tend toward lower awards. If your accident happened in the Phoenix metro area, the local jury dynamic is favorable and insurers adjust their settlement offers accordingly. Cases near county lines can sometimes be filed in a more plaintiff-favorable jurisdiction, which a local attorney will evaluate.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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Last reviewed: 2026-04-07
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“A ADOT truck merged into my lane on I-10. My attorney filed the government notice of claim within 90 days. I had no idea that deadline even existed.”
— Jennifer L., Phoenix, AZ
“Even though I was 40% at fault for the accident, Arizona law let me recover 60% of my damages. My attorney made sure I understood my rights from the start.”
— Roberto C., Tucson, AZ
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