In 1987, the Arizona legislature adopted comparative fault for injury claims, in place of the outdated concept of contributory negligence. Prior to this change, juries were instructed that if an injured person contributed to their own injury, even by only 1%, then the injured person “should not” be awarded damages. Over the years, the wisdom of juries had come to the point that they were ignoring the “should not” and were not leaving injured people who were only barely at fault, with no compensation. Recognizing this reality, the legislature adopted comparative fault. Under comparative fault, a jury is instructed to allocate percentages of fault to all those who contributed to an injury. For instance, if you are a passenger in a vehicle that collides with another vehicle and both drivers are at fault, the jury is to allocate to each driver the percentage that each contributed to the injuries.