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How Comparative Negligence Affects Your Personal Injury Case
State negligence laws determine how much compensation an injured party can receive based on the degree of fault assigned in their case.
Comparative negligence allows you to recover damages even when you share blame for your accident.
Courts assign each party a fault percentage and reduce your award accordingly.
If you're 20% at fault for a $100,000 injury, your recovery $80,000.
At 40% fault, you get $60,000.
But recovery rules vary dramatically by state.
In a personal injury claim, the degree of fault assigned to you can be the deciding factor in whether your claim is valid and how much compensation you are entitled to under your state's laws.
Contact Lawsuit Legal immediately to speak with an attorney about your injury case to find out what you're owed.
At-a-Glance: Comparative Negligence Laws by State
- Comparative negligence reduces your compensation by your fault percentage but doesn't eliminate recovery in most states
- Modified systems cut off recovery at 50% or 51% fault, while pure comparative allows recovery even at 99% fault
- Pure Comparative Negligence - Recover damages even at 99% fault (13 states)
- Modified Comparative 50% Bar - No recovery if you're 50% or more at fault (12 states)
- Modified Comparative 51% Bar - No recovery if you're 51% or more at fault (21 states)
- Pure Contributory Negligence - Any fault blocks all recovery (4 states + DC)
- Your state's negligence doctrine determines whether you can recover anything and how much fault bars your claim completely
- Insurance companies can minimize payouts by assigning partial blame to victims under comparative negligence rules
- Review your potential injury case with an experienced personal injury attorney immediately to protect your rights
Pure Comparative Negligence States (13 Total)
These states allow recovery regardless of fault percentage:
- Alaska - No fault threshold. Recover proportional damages even at 99% fault.
- Arizona - Pure comparative applies to all tort claims. No bar to recovery.
- California - Proposition 51 modified pure comparative for non-economic damages in some cases but system remains pure comparative.
- Florida - Pure comparative negligence applies. Recent tort reform may affect certain claims.
- Kentucky - Pure comparative fault. No recovery bar based on percentage alone.
- Louisiana - Civil law state using pure comparative fault principles.
- Mississippi - Pure comparative negligence with no fault threshold.
- Missouri - Pure comparative fault for all personal injury claims.
- New Mexico - Pure comparative negligence. No percentage cutoff.
- New York - Pure comparative negligence under CPLR Article 14-A.
- Rhode Island - Pure comparative fault. Damages reduced by plaintiff's percentage only.
- South Dakota - Pure comparative negligence system.
- Washington - Pure comparative fault applies to all tort actions.
Modified Comparative Negligence - 50% Bar States (12 Total)
No recovery if you're 50% or more at fault:
- Arkansas - Barred at 50% fault or greater.
- Colorado - 50% bar rule. Equal fault eliminates recovery.
- Georgia - Modified comparative negligence with 50% bar.
- Idaho - No recovery if plaintiff 50% or more at fault.
- Kansas - 50% or greater fault bars all recovery.
- Maine - Modified comparative with 50% threshold.
- Nebraska - Recovery barred at 50% or more fault.
- North Dakota - 50% bar rule applies.
- Tennessee - Modified comparative with 50% bar. Recent clarifications on equal fault scenarios.
- Utah - Barred at 50% or greater fault.
- West Virginia - Modified comparative with 50% threshold.
- Wyoming - 50% bar rule. Note: Some sources list Wyoming under 51% bar - verify for your specific case.
Modified Comparative Negligence - 51% Bar States (21 Total)
No recovery if you're 51% or more at fault:
- Connecticut - Modified comparative. Recovery allowed at exactly 50% fault.
- Delaware - 51% bar rule applies.
- Hawaii - Modified comparative negligence with 51% threshold.
- Illinois - Barred only if more than 50% at fault.
- Indiana - 51% bar rule for all tort claims.
- Iowa - Recovery allowed up to 50% fault.
- Massachusetts - Modified comparative with 51% bar.
- Michigan - 51% or greater fault bars recovery. Note: No-fault auto insurance affects car accident claims.
- Minnesota - Modified comparative with 51% threshold.
- Montana - Recovery barred only if more than 50% at fault.
- Nevada - 51% bar applies. Plaintiff must be 50% or less at fault to recover.
- New Hampshire - Modified comparative with 51% threshold.
- New Jersey - 51% or greater fault bars recovery.
- Ohio - Modified comparative with 51% bar.
- Oklahoma - Recovery allowed up to 50% fault. Note: Some sources list Oklahoma under 50% bar - verify for your case.
- Oregon - 51% or greater bars recovery.
- Pennsylvania - Modified comparative with 51% bar.
- South Carolina - 51% or greater fault eliminates recovery. Note: Some sources list SC under 50% bar - verify jurisdiction specifics.
- Texas - Modified comparative with 51% threshold. 51% or more bars recovery.
- Vermont - Recovery barred only if more than 50% at fault.
- Wisconsin - 51% or greater fault bars all recovery.
Pure Contributory Negligence States (5 Total
Any fault blocks all recovery:
- Alabama - Contributory negligence bars recovery. Even 1% plaintiff fault eliminates claim. Last clear chance doctrine may apply in limited circumstances.
- District of Columbia - Pure contributory negligence rule. Any fault bars recovery.
- Maryland - Strict contributory negligence. No recovery if plaintiff contributed to accident in any way.
- North Carolina - Pure contributory negligence. Any fault eliminates claim completely.
- Virginia - Contributory negligence bars recovery. Last clear chance doctrine recognized.
Critical State-Specific Notes:
Some states have unique applications or recent changes to comparative negligence rules.
onsult an experienced personal injury attorney for legal advice on your state's specific rules and their effect on your case.
Types of Comparative Negligence & Contributory Negligence
The negligence rules in your state determine whether you can recover compensation and how much fault eliminates your claim entirely.
These are the types of negligence systems in use and how they affect your ability to recover personal injury compensation:
Pure Comparative Negligence (13 States)
You can recover damages even if you're 99% at fault.
If you're 75% responsible for a $200,000 injury, you still recover $50,000.
Your fault percentage reduces damages but doesn't eliminate recovery entirely.
States using pure comparative negligence: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, Washington.
Modified Comparative Negligence - 50% Bar (12 States)
You can recover compensation only when you're less than 50% responsible for the accident that caused your injuries.
At 49% fault, you collect reduced damages.
At 50% or higher, you are barred from recovery.
States using the 50% bar system: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, West Virginia, Wyoming.
Modified Comparative Negligence - 51% Bar (21 States)
You can recover damages up to 50% fault.
At 51% or higher, you're barred from recovery.
This system recognizes shared liability for equal responsibility in cases involving partial blame.
States using the 51% bar system: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, Wyoming.
Pure Contributory Negligence (4 States + DC)
Four states plus DC use a contributory negligence rule.
If the injured party shares any fault it blocks recovery.
Alabama, Maryland, North Carolina, Virginia, and Washington D.C. follow this system.
Even 1% fault eliminates your claim entirely.
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Comparative Negligence Examples in Personal Injury Claims
Fault percentages determine your actual payout in dollars.
These examples show how the same injuries produce different compensation depending on your state's rules and your assigned fault.
Example 1: Pure Comparative State Advantage
Scenario: You run a red light. The other driver was speeding 25 mph over the limit and texting.
Total damages: $200,000 | Your fault: 70% | Other driver's fault: 30%
Recovery by state system:
- Pure Comparative State: You recover $60,000 (30% of $200,000)
- Modified 51% Bar State: You recover $0 (70% fault exceeds threshold)
- Modified 50% Bar State: You recover $0 (70% fault exceeds threshold)
- Pure Contributory State: You recover $0 (any fault bars recovery)
Pure comparative states let you collect $60,000.
Every other system gives you nothing.
Example 2: The 50% Fault Line
Scenario: You and another driver both roll through stop signs at a four-way intersection and collide.
Total damages: $150,000 | Your fault: 50% | Other driver's fault: 50%
Recovery by state system:
- Pure Comparative State: You recover $75,000 (50% of $150,000)
- Modified 51% Bar State: You recover $75,000 (exactly 50% fault still qualifies)
- Modified 50% Bar State: You recover $0 (50% fault meets bar threshold)
- Pure Contributory State: You recover $0 (any fault bars recovery)
One percentage point separates $75,000 from zero in modified systems.
Example 3: Minor Fault That Matters
Scenario: You slip in a grocery store on spilled milk. The store had no warning signs and knew about the spill for 30 minutes. You were texting while walking.
Total damages: $100,000 | Your fault: 15% | Other driver's fault: 85%
Recovery by state system:
- Pure Comparative State: You recover $85,000
- Modified 51% Bar State: You recover $85,000
- Modified 50% Bar State: You recover $85,000
- Pure Contributory State: You recover $0 (15% fault eliminates entire claim)
Contributory negligence states bar recovery for 15% fault.
Comparative states pay $85,000.
Example 4: Crossing the 51% Threshold
Scenario: You jaywalk mid-block while checking your phone. Driver sees you but doesn't brake in time because they're adjusting the radio.
Total damages: $300,000 | Your fault: 55% | Other driver's fault: 45%
Recovery by state system:
- Pure Comparative State: You recover $135,000 (45% of $300,000)
- Modified 51% Bar State: You recover $0 (55% exceeds 51% threshold)
- Modified 50% Bar State: You recover $0 (55% exceeds 50% threshold)
- Pure Contributory State: You recover $0 (any fault bars recovery)
Crossing 51% fault costs you $135,000 in modified states.
Each personal injury case is unique and outcomes are determined by a variety of factors. Speak with an experienced injury attorney to review the facts, evidence, and get expert legal advice..
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