Comparative Fault Calculator

See how your share of fault changes an injury award under your state’s rule: pure comparative, 51% bar, 50% bar, contributory negligence or slight/gross.

A rough estimate, not a prediction or an offer. Real settlements depend on the facts, the insurance available and negotiation. Talk to a personal injury attorney about your case.

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Five rules for shared fault

When both sides share the blame for an accident, each state applies one of five rules:

RuleWhat happens
Pure comparativeYou recover at any fault level, reduced by your share
Modified, 51% barYou recover if you are 50% or less at fault
Modified, 50% barYou recover only if you are under 50% at fault
Contributory negligenceAny 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.