Five rules for shared fault
When both sides share the blame for an accident, each state applies one of five rules:
| Rule | What happens |
|---|---|
| Pure comparative | You recover at any fault level, reduced by your share |
| Modified, 51% bar | You recover if you are 50% or less at fault |
| Modified, 50% bar | You recover only if you are under 50% at fault |
| Contributory negligence | Any fault on your side can bar recovery |
| Slight/gross (South Dakota) | You recover only if your fault was slight compared with theirs |
Every point of fault has a price
On a $100,000 claim, each percentage point of fault costs $1,000. That is why adjusters argue about whether you were speeding, distracted or should have seen the hazard. In a bar state, the argument can be worth everything.
Michigan’s hybrid
Michigan cuts awards by the plaintiff’s share of fault, and above 50% bars pain and suffering damages while still allowing reduced economic damages.
See every state’s rule in comparative negligence by state.
Questions people ask
What is the difference between the 50% and 51% bar?
Under the 51% bar you can recover at exactly 50% fault; under the 50% bar you cannot. An even split matters.
Which states use contributory negligence?
Alabama, Maryland, North Carolina, Virginia and the District of Columbia.