Key points
- Every state reduces or bars recovery when the injured person shares the fault.
- The difference between a 50% and a 51% bar decides cases split down the middle.
- Five jurisdictions still use contributory negligence, which can bar a claim for any fault.
Accidents are rarely one-sided. A driver may have run a red light while you were a few miles over the limit. A store may have left a spill while you were looking at your phone. Your state’s fault rule decides what that shared blame costs.
The rules, from most to least forgiving
Pure comparative fault. Your award is reduced by your share of fault, at any level. At 70% fault you still recover 30%. Used in 10 states, including California, New York and Washington.
Modified comparative fault with a 51% bar. Your award is reduced by your share, and you recover nothing at 51% or more. Used in 24 states, including Texas, Florida and Pennsylvania.
Modified comparative fault with a 50% bar. Your award is reduced by your share, and you recover nothing at 50% or more. Used in 11 states, including Georgia, Colorado and Tennessee.
Contributory negligence. Any fault on your side can bar recovery. Used in Alabama, Maryland, North Carolina, Virginia and DC.
Slight/gross negligence. South Dakota lets you recover only if your fault was slight compared with the other party’s.
Worked example
A $100,000 claim:
| Your fault | Pure | 51% bar | 50% bar | Contributory |
|---|---|---|---|---|
| 10% | $90,000 | $90,000 | $90,000 | $0 |
| 30% | $70,000 | $70,000 | $70,000 | $0 |
| 50% | $50,000 | $50,000 | $0 | $0 |
| 60% | $40,000 | $0 | $0 | $0 |
Rules change
Florida moved from pure comparative fault to a 51% bar in 2023. Louisiana did the same for injuries on or after January 1, 2026. The rule in force when the injury happened usually applies.
What it means for your claim
Expect the insurer to argue your share up, because each point is worth money. Evidence that pins fault on the other side, such as photos, video, the police report and witnesses, is worth gathering early. See every state in comparative negligence by state and test numbers in the comparative fault calculator.