Why You Need a Construction Accident Attorney in Central Arizona
Central Arizona is a dynamic and rapidly expanding region, encompassing major metropolitan areas like Phoenix, Mesa, Glendale, and Scottsdale. This vibrant growth is fueled by a booming economy, attracting new residents and businesses, which in turn necessitates constant development and infrastructure upgrades. From new residential communities sprawling across the desert landscape to the widening of crucial interstates and the construction of towering commercial complexes, construction sites are a ubiquitous sight across Central Arizona. While this development signifies progress, it also inherently increases the risk of accidents for both workers and the public.
The sheer volume of ongoing construction projects in Central Arizona means that construction zones are a daily reality for commuters and residents. With a population exceeding 4.5 million in the Phoenix metropolitan area alone, traffic patterns are consistently dense and often rerouted due to construction activities. Drivers frequently encounter lane closures, reduced speed limits, heavy machinery operating near active roadways, and altered pedestrian pathways. These conditions create a heightened potential for motor vehicle accidents within or near construction zones, as well as accidents involving pedestrians or cyclists. Furthermore, workers on these sites face inherent dangers from heavy equipment, falling objects, hazardous materials, and negligent safety protocols.
Understanding the unique challenges of Central Arizona is crucial when dealing with a construction accident. The region's hot climate can affect equipment performance and worker fatigue, potentially contributing to errors. The fast pace of development can sometimes lead to rushed job sites, where safety might be compromised in favor of speed. Moreover, the diverse range of entities involved in a typical Central Arizona construction project – from general contractors and subcontractors to property owners, equipment rental companies, and city or state transportation departments – means that liability can be incredibly complex. Pinpointing who is responsible for an accident requires a thorough understanding of construction practices, safety regulations, and Arizona law.
An accident in a construction zone, whether you are a worker, a driver, or a pedestrian, can lead to devastating injuries and significant financial burdens. Navigating the aftermath of such an event without expert legal guidance can be an overwhelming and potentially detrimental endeavor. Insurance companies, often focused on minimizing payouts, may try to shift blame or offer inadequate settlements. A dedicated construction accident attorney in Central Arizona understands the local landscape, the common causes of these accidents, and the intricate legal framework that governs them. They act as your advocate, ensuring your rights are protected and that all liable parties are held accountable, allowing you to focus on your recovery while they tirelessly pursue the justice and compensation you deserve in this bustling region.
Most Dangerous Roads and Intersections in Central, AZ
Central Arizona's extensive network of highways, interstates, and major boulevards are the lifeblood of its economy and daily commute. However, the constant expansion and maintenance necessary to support the region's rapid growth mean that many of these critical arteries are frequently under construction, transforming them into some of the most dangerous areas for accidents. Understanding where these hotspots are can underscore the pervasive risk of construction-related incidents across the Central Arizona landscape.
One of the most frequently cited dangerous roadways in Central Arizona, particularly due to ongoing construction, is Interstate 10 (I-10). As a transcontinental highway, I-10 slices directly through the heart of the Phoenix metropolitan area, carrying immense volumes of traffic. Sections like the Broadway Curve Improvement Project, a multi-year endeavor to widen and improve a critical stretch, have become notorious for lane shifts, congestion, and increased collision risks. Similarly, the ongoing widening and interchange improvements along I-10, especially near its junctions with Loop 202 and I-17, present daily hazards. Accidents on I-10, particularly in construction zones, are often high-speed and involve multiple vehicles, leading to severe injuries.
Interstate 17 (I-17), another major north-south corridor, also experiences significant construction, particularly on its northern stretches leading out of the Valley and within its urban segments where older infrastructure is being updated. The confluence of high speeds and sudden lane changes near construction barriers makes I-17 a frequent site for accidents. The US-60 (Superstition Freeway), serving the East Valley, is another critical route constantly undergoing improvements to accommodate suburban sprawl. Its intersections and on/off-ramps, especially where construction narrows lanes or alters traffic flow, are particularly hazardous.
Beyond the interstates, the Loop 101 (Agua Fria, Pima, and Price Freeways) and Loop 202 (Red Mountain, Santan, and South Mountain Freeways), which encircle the Phoenix metro area, are perpetually under various stages of construction, adding lanes, building new interchanges, or repairing existing surfaces. The sheer length and interconnectedness of these loops mean that construction zones are almost always present somewhere along their routes. The SR-51 (Piestewa Freeway) and SR-143 (Hohokam Expressway), while shorter, are also vital links to downtown Phoenix and Sky Harbor Airport, and are thus subject to frequent construction, causing congestion and increasing accident potential.
Major surface streets and intersections in Central Arizona also see a disproportionate number of construction accidents. Roads like Grand Avenue (US-60), particularly where it merges with other major routes, Bell Road, Camelback Road, Northern Avenue, and Thomas Road are often sites of utility work, road widening projects, or commercial development, creating hazards for both drivers and pedestrians. Intersections that are being redesigned or upgraded, such as those along major arterial roads like 7th Street or 19th Avenue, are particularly prone to incidents due to altered traffic signals, temporary signage, and heavy equipment movements. The presence of large construction vehicles, often making wide turns or operating with limited visibility, further compounds the danger in these highly trafficked areas. These statistics, while general, underscore the heightened risk across Central Arizona's busiest corridors whenever construction is underway.

Arizona Construction Accident Laws: Statutes, Fault Rules and Deadlines
Navigating the legal landscape after a construction accident in Arizona requires a deep understanding of specific statutes, fault rules, and critical deadlines. The State of Arizona has a distinct set of laws that govern personal injury claims, including those arising from construction site incidents, and a skilled attorney is essential to ensure compliance and maximize your claim's potential.
One of the most crucial aspects of any personal injury claim in Arizona is the statute of limitations. For most personal injury cases, including those stemming from construction accidents, Arizona Revised Statutes (A.R.S.) § 12-542 sets a deadline of two (2) years from the date of the injury to file a lawsuit. If you fail to file your claim within this two-year period, you generally lose your right to pursue compensation, regardless of the merits of your case. There are limited exceptions, such as for minors (the clock typically starts when they turn 18) or under the "discovery rule" where the injury or its cause wasn't immediately apparent. However, these exceptions are rare and complex, making prompt legal action paramount. For claims against a government entity, the deadline is even shorter and more stringent, typically requiring a Notice of Claim to be filed within 180 days of the injury, as per A.R.S. § 12-821.01. Missing this initial deadline can permanently bar your claim against a city, county, or state agency responsible for a construction project.
Arizona also operates under a system of pure comparative fault, as outlined in A.R.S. § 12-2505. This means that if you are found to be partially at fault for your construction accident, your recoverable damages will be reduced by your percentage of fault. For example, if a jury determines your total damages are $100,000, but you were 20% responsible for the accident (perhaps by not following posted warnings or contributing to an unsafe condition), your compensation would be reduced by 20% to $80,000. Unlike some states that bar recovery if you are over 50% at fault, Arizona allows recovery even if you are 99% at fault, though your compensation would be significantly reduced. This rule makes a thorough investigation and strong legal arguments crucial to minimize any assignment of fault to you.
Beyond personal injury claims, construction accidents often involve specific statutes related to workplace safety and property liability. Federal OSHA regulations (Occupational Safety and Health Administration) and their state-level counterparts establish stringent safety standards for construction sites. Violations of these standards, which contribute to an accident, can serve as powerful evidence of negligence against a contractor, employer, or other responsible party. Furthermore, Arizona's premises liability laws dictate the duty of care that property owners and those in control of a construction site owe to workers, visitors, and passersby.
Finally, understanding Arizona's mandatory minimum auto insurance requirements is important, especially if your construction accident involved a motor vehicle. A.R.S. § 28-4009 stipulates that drivers must carry at least $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury liability coverage per accident, and $15,000 in property damage liability coverage. While these minimums can provide a baseline for recovery, severe construction accident injuries often far exceed these amounts, necessitating a comprehensive approach to identify all potential sources of recovery, including commercial insurance policies held by contractors, property owners, and other third parties. An experienced Central Arizona construction accident attorney will meticulously navigate these complex laws to build the strongest possible case on your behalf.
Common Injuries from Construction Accidents in Central Arizona
Construction accidents in Central Arizona, whether involving workers, pedestrians, or drivers passing through a construction zone, often result in some of the most severe and life-altering injuries imaginable. The environment of a construction site – with heavy machinery, dangerous materials, heights, and constant movement – creates conditions where even a minor incident can have catastrophic consequences. The long-term impact of these injuries can extend far beyond physical pain, affecting a victim's ability to work, their quality of life, and their financial stability.
One of the most devastating outcomes is a Traumatic Brain Injury (TBI). TBIs can range from concussions to severe brain damage, often caused by falls from scaffolding, being struck by falling objects, head impacts from vehicle collisions, or explosions. Symptoms can include cognitive impairment, memory loss, personality changes, headaches, dizziness, and seizures, with severe TBIs requiring lifelong care and dramatically altering a person's independence. The costs associated with diagnosing, treating, and rehabilitating a TBI are astronomical, often accumulating into millions of dollars over a lifetime.
Spinal cord injuries are another profoundly serious consequence of construction accidents, frequently resulting from falls, crushing injuries, or high-impact collisions. Depending on the location and severity of the injury, victims can experience partial or complete paralysis (paraplegia or quadriplegia), chronic pain, loss of sensation, and loss of bodily functions. The need for extensive medical intervention, including surgery, physical therapy, specialized equipment, and home modifications, places an immense financial burden on victims and their families. The emotional and psychological toll of such an injury is equally immense, often leading to depression and a significant diminishment of quality of life.
Fractures and broken bones are exceedingly common, particularly involving extremities, ribs, and the pelvis. These injuries can occur from slips, trips, falls, being struck by vehicles or equipment, or crushing incidents. While some fractures heal cleanly, many require complex surgeries, pins, plates, and extensive physical therapy. Complicated fractures can lead to chronic pain, reduced mobility, arthritis, and even permanent disability, impacting a victim's ability to perform daily tasks or return to their previous occupation.
Soft tissue injuries, such as whiplash, sprains, strains, and tears to ligaments and tendons, are also prevalent, especially in vehicle collisions within construction zones. While initially seemingly less severe than fractures, these injuries can lead to chronic pain, limited range of motion, and persistent discomfort if not properly treated. They often require extensive physical therapy, injections, and sometimes surgery, contributing significantly to medical expenses and lost wages.
Beyond physical trauma, construction accidents can lead to severe burns, often from chemical spills, electrical accidents, or explosions. Third-degree burns, in particular, require multiple surgeries, skin grafts, and long-term wound care, leaving permanent scarring, disfigurement, and often psychological trauma. Amputations can occur from severe crushing injuries or entanglement with machinery, leading to profound physical and psychological adjustments, as well as the need for prosthetics and extensive rehabilitation.
Finally, the psychological impact, including Post-Traumatic Stress Disorder (PTSD), anxiety, and depression, is a significant, yet often overlooked, injury. The trauma of a serious accident can manifest as flashbacks, nightmares, panic attacks, and an inability to return to work or daily activities. Addressing these mental health consequences is as vital as treating physical injuries, and the costs for therapy and medication can be substantial. For victims in Central Arizona, the comprehensive costs of these injuries – from immediate emergency care to lifelong rehabilitation and lost earning capacity – can be staggering, underscoring the critical need for experienced legal representation to secure full and fair compensation.

Compensation Available for Central Arizona Construction Accident Victims
When a construction accident shatters lives in Central Arizona, victims face not only the physical and emotional agony of their injuries but also the crushing financial burden that often follows. Fortunately, Arizona law allows victims to pursue compensation for a wide range of damages, aiming to restore them as closely as possible to their pre-accident condition. Understanding the types of compensation available is crucial for anyone impacted by such a devastating event.
The most straightforward category of damages is economic damages. These are quantifiable financial losses directly attributable to the construction accident. They include:
- Medical Expenses: This covers everything from emergency room visits, ambulance transport, and initial surgeries to ongoing doctor appointments, prescription medications, specialized therapies (physical, occupational, psychological), rehabilitation, durable medical equipment, and even long-term care needs. Both past and *future* medical costs are recoverable, which is critical for severe injuries requiring lifelong treatment.
- Lost Wages and Earning Capacity: If your injuries prevent you from working, you can claim compensation for lost income, including salary, bonuses, commissions, and benefits. For long-term or permanent disabilities, you can also seek damages for the *loss of future earning capacity*, which accounts for the difference between what you would have earned throughout your career versus what you can now earn due to your injuries.
- Property Damage: If the construction accident involved your vehicle or other personal property (e.g., a bicycle, motorcycle, or even clothing), you are entitled to compensation for repairs or replacement value.
- Other Out-of-Pocket Expenses: This can include costs for transportation to medical appointments, home modifications for accessibility, domestic services you can no longer perform, and vocational retraining if you can no longer return to your previous profession.
Beyond the tangible financial losses, victims are also entitled to non-economic damages. These aim to compensate for the subjective, non-monetary impacts of the accident and are often significant in severe injury cases:
- Pain and Suffering: This is compensation for the physical pain, discomfort, and agony endured as a direct result of the injuries, both in the past and anticipated in the future.
- Emotional Distress: This covers the psychological trauma, anxiety, fear, depression, anger, and mental anguish caused by the accident and its aftermath, including conditions like PTSD.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, recreational activities, or daily routines you once enjoyed, you can seek compensation for this diminished quality of life.
- Disfigurement and Scarring: For injuries that result in permanent scarring or changes to your physical appearance, compensation is available for the emotional impact and social consequences.
- Loss of Consortium: In cases of severe injury or wrongful death, a spouse may be able to claim damages for the loss of companionship, affection, intimacy, and household services of their injured or deceased partner.
Finally, in rare cases, punitive damages may be awarded under Arizona law (A.R.S. § 12-2503). Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the at-fault party for particularly egregious conduct and to deter similar actions in the future. In Arizona, punitive damages are only awarded when there is clear and convincing evidence that the defendant acted with an "evil mind," meaning they had an intent to injure or acted with a conscious disregard for the rights or safety of others. This is a very high bar to meet and is typically reserved for cases involving gross negligence, willful misconduct, or malice.
While settlement ranges for construction accidents vary widely based on the specific facts, injury severity, clarity of fault, and available insurance coverage, a skilled Central Arizona construction accident attorney from AccidentLegalForce will meticulously assess all potential damages. They will work with medical and vocational experts to accurately project future costs and impacts, ensuring that you pursue the full and fair compensation you deserve from all liable parties.
How Our Central Arizona Construction Accident Attorney Team Handles Your Case
At AccidentLegalForce, we understand that a construction accident in Central Arizona can be a life-altering event, leaving you with severe injuries, mounting medical bills, and an uncertain future. Our dedicated team of construction accident attorneys is committed to providing comprehensive, aggressive, and empathetic legal representation to guide you through every step of the complex legal process. We handle your case with precision and determination, allowing you to focus on your recovery.
The process typically begins with a free, no-obligation consultation. During this initial meeting, we will listen attentively to your story, understand the details of your accident in Central Arizona, assess your injuries, and provide an honest evaluation of your legal options. This is your opportunity to ask questions, and for us to explain how Arizona law applies to your specific situation and what to expect moving forward. There's no pressure, just clear, professional advice.
Once you choose AccidentLegalForce to represent you, our team immediately launches a thorough and meticulous investigation into your construction accident. This is the cornerstone of building a strong case. Our investigation includes:
- Gathering Evidence: We collect all relevant documentation, including official accident reports (police reports, OSHA reports), medical records, bills, and prognostications from your treating physicians.
- Scene Examination: We may visit the accident site in Central Arizona to document conditions, temporary signage, construction layouts, and any relevant safety hazards.
- Witness Identification and Statements: We locate and interview eyewitnesses, obtaining their accounts of the incident.
- Expert Consultation: We may engage accident reconstruction specialists, safety experts, vocational experts, and medical professionals to provide expert opinions on liability, causation, injury severity, and future impacts.
- Photographs and Videos: We compile all available visual evidence, including photos and videos taken at the scene, surveillance footage, and any relevant drone footage of the construction site.
- Reviewing Contracts and Safety Protocols: For workplace accidents, we meticulously review contractor agreements, sub-contractor agreements, safety plans, and training records to identify any breaches of duty.
With a robust body of evidence, we will then prepare and submit a compelling demand letter to all at-fault parties and their insurance carriers. This letter outlines the facts of the accident, details your injuries and suffering, explains why their insured is liable under Arizona law, and specifies the total compensation we are seeking for your economic and non-economic damages.
Following the demand letter, we enter into negotiations with the insurance companies. Our experienced negotiators are skilled at countering lowball offers, presenting the strength of your evidence, and advocating fiercely for a fair settlement. We handle all communications with insurance adjusters, shielding you from their tactics and ensuring that you do not inadvertently jeopardize your claim. Many cases resolve successfully through negotiation without the need for a lawsuit.
However, if negotiations fail to produce a satisfactory offer, we are fully prepared to file a lawsuit and proceed to litigation. This phase involves:
- Discovery: A formal exchange of information between all parties, including depositions (taking sworn testimony), interrogatories (written questions), and requests for production of documents.
- Mediation or Arbitration: Often, courts mandate alternative dispute resolution methods to try and reach a settlement before trial. We represent you vigorously in these proceedings.
- Trial Preparation: If a settlement still isn't reached, we meticulously prepare your case for trial, developing trial strategies, preparing witnesses, and crafting compelling arguments.
- Courtroom Advocacy: Our seasoned trial attorneys are comfortable and confident in Central Arizona courtrooms, presenting your case to a jury and fighting to secure the maximum possible verdict.
Throughout this entire timeline, which can range from several months to a few years depending on complexity and court schedules, our team keeps you informed, answers your questions, and provides compassionate support. Our goal is not just to win your case, but to ensure you feel supported and empowered every step of the way as we pursue justice for your construction accident in Central Arizona.

Why Choose AccidentLegalForce in Central Arizona
When you're facing the aftermath of a serious construction accident in Central Arizona, the choice of legal representation can significantly impact your recovery and your future. At AccidentLegalForce, we distinguish ourselves through a unique combination of dedication, expertise, and a client-centered approach that sets us apart. We are not just lawyers; we are your unwavering advocates, committed to securing the justice and compensation you rightfully deserve.
One of the most significant reasons to choose AccidentLegalForce is our contingency fee basis. This means you pay no upfront legal fees, and we only get paid if we successfully recover compensation for you. This "no win, no fee" structure removes the financial burden and risk from your shoulders, allowing you to access top-tier legal representation regardless of your current financial situation. We believe that everyone deserves justice, and cost should never be a barrier to seeking it. This commitment aligns our interests directly with yours: our success is your success.
Our firm boasts extensive trial experience, a critical factor in personal injury claims. While many construction accident cases settle out of court, insurance companies and opposing counsel are well aware of which firms are willing and able to take a case to trial. When they know your attorney is a formidable presence in the courtroom and isn't afraid to litigate, it often results in more favorable settlement offers. We meticulously prepare every case as if it's going to trial, ensuring we are always ready to fight for your rights before a judge and jury if necessary. This reputation for courtroom excellence gives you a significant advantage in negotiations.
We possess in-depth knowledge of local Central Arizona courts and legal procedures. Operating in the Central Arizona region means we are intimately familiar with the specific nuances of the local justice system, including the judges, court staff, and even opposing counsel you might encounter in Maricopa County Superior Court or other local jurisdictions. This local insight allows us to navigate the legal process more efficiently, anticipate potential challenges, and strategize effectively within the local legal landscape. Our familiarity with regional accident hotspots, common construction practices, and local regulations further strengthens our ability to build a compelling case tailored to Central Arizona specifics.
Furthermore, we understand that accidents don't adhere to a 9-to-5 schedule, and neither do your legal needs. That's why AccidentLegalForce offers 24/7 availability for initial consultations and ongoing support. When you're injured, questions and concerns can arise at any time, and you need a legal team that is responsive and accessible. We are here for you around the clock, ready to provide guidance and reassurance when you need it most.
Beyond our legal acumen, we pride ourselves on our empathetic and professional approach. We treat every client with the dignity and respect they deserve, recognizing the profound impact a construction accident can have on your life. We listen attentively, communicate clearly, and keep you informed at every stage of your case. Our goal is not just to win your claim, but to provide unwavering support and peace of mind during a challenging time. Choosing AccidentLegalForce means choosing a powerful ally dedicated to fighting for your future in Central Arizona.

What to Do After a Construction Accident in Central Arizona
The moments immediately following a construction accident in Central Arizona can be chaotic and frightening. However, the actions you take (or fail to take) in these critical hours and days can profoundly impact your health and the strength of any future legal claim. Knowing what steps to take can protect your well-being and preserve your rights.
1. Ensure Your Safety and Call 911:
Your immediate priority is your safety and the safety of others. If possible and safe to do so, move yourself out of harm's way (e.g., to the side of the road if you're in a vehicle accident within a construction zone). Then, immediately call 911. Report the accident to law enforcement (police or Arizona Department of Public Safety) and request emergency medical assistance if anyone is injured. Even if your injuries seem minor, it's crucial to be assessed by paramedics at the scene. A police report will provide an official record of the incident, which is invaluable for your claim. Ensure you get the officer's name and the report number.
2. Document the Scene Extensively:
If your physical condition allows, and it's safe, begin documenting the accident scene. This evidence can quickly disappear or be altered, especially in a dynamic construction environment.
- Take Photos and Videos: Use your smartphone to capture as many photos and videos as possible. Focus on:
- Your injuries (bruises, cuts, visible trauma).
- Damage to your vehicle or property.
- The construction zone itself (signs, cones, barriers, open trenches, equipment, debris, inadequate lighting).
- The position of all vehicles involved.
- Any hazards that contributed to the accident.
- Weather and road conditions.
- Wide shots showing the overall scene and close-ups of specific details.
- Gather Information:
- Exchange contact and insurance information with all drivers or parties involved.
- Obtain contact information for any eyewitnesses, including their names, phone numbers, and email addresses. Their unbiased accounts can be critical.
- Note the name and company of any construction workers or foremen present.
- Record the exact date, time, and location of the accident in Central Arizona.
3. Seek Immediate Medical Attention:
Even if you declined ambulance transport at the scene, see a doctor as soon as possible. Adrenaline can mask pain, and some serious injuries, like whiplash or internal bleeding, may not manifest symptoms for hours or even days. A delay in seeking medical care can not only harm your health but also allow insurance companies to argue that your injuries were not caused by the accident. Follow all doctor's orders, attend all follow-up appointments, and keep detailed records of all medical treatment, diagnoses, and prognoses.
4. Preserve All Evidence:
Beyond documenting the scene, be proactive in preserving other evidence:
- Do not repair your vehicle until it has been inspected by your attorney or a claims adjuster.
- Keep any clothing you were wearing at the time of the accident, as it may contain valuable evidence.
- Do not dispose of any damaged personal items (e.g., helmet, phone).
- Keep a detailed journal of your pain levels, symptoms, medical appointments, and how your injuries are impacting your daily life.
5. Avoid Discussing Fault and Contact an Attorney:
Do not admit fault or apologize to anyone at the scene, including other drivers, witnesses, construction workers, or police officers. Your words can be misconstrued and used against you. Similarly, do not speak to insurance adjusters from the at-fault party's company without first consulting an attorney. Their goal is often to minimize payouts, and they may try to get you to make recorded statements or accept a quick, inadequate settlement.
Instead, contact an experienced Central Arizona construction accident attorney from AccidentLegalForce as soon as possible. We can advise you on your rights, handle all communications with insurance companies, launch an independent investigation, and protect you from common pitfalls. Early legal intervention is crucial for building a strong case and securing the compensation you deserve.

"After my Construction Accident accident in Central, I was lost. This team got me 3x what insurance offered. They fought hard and delivered."
"My claim was denied twice. These attorneys appealed and got me full compensation. Best decision I ever made."
"Available 24/7, they answered every question. Recovered $420k for my case. Highly recommend."
"Professional and aggressive. They knew exactly how to handle my case and got maximum compensation. Zero upfront cost."
Frequently Asked Questions
How much does a construction accident attorney cost in Central?
At AccidentLegalForce, we work on contingency — zero upfront cost. You pay nothing unless we win.
How long do I have to file a claim in Arizona?
Arizona typically has a 2-3 year statute of limitations. Act fast — evidence disappears quickly.
What compensation can I recover after a construction accident in Central?
Medical expenses, lost wages, pain & suffering, property damage, emotional distress, and punitive damages in egregious cases.
How long does a construction accident case take in Arizona?
Most cases settle in 6-18 months. Complex cases may take longer. We push for fast resolution without sacrificing maximum compensation.
Can I recover damages if I was partially at fault?
Arizona uses comparative negligence. As long as you're not more than 50-51% at fault, you can still recover damages proportional to the other party's fault.