Pure vs. Modified Comparative Negligence (2026)

Pure Comparative Negligence vs. Modified Comparative Negligence

Comparative negligence systems fall into two main categories that determine your recovery rights.

Pure comparative negligence allows you to recover damages regardless of your fault percentage.

Modified comparative negligence sets a fault threshold that bars recovery completely.

Understanding which system your state uses determines whether you have a valid claim and can collect compensation when you are partially responsible for your accident or injury incident.

Pure Comparative Negligence: No Fault Threshold

Thirteen states apply pure comparative negligence rules.

In the states that use pure comparative negligence laws you can recover damages even if you're determined 99% at fault for the accident.

Your compensation reduces by your exact fault percentage but recovery remains possible so long as you are not 100% to blame.

If you're 75% responsible for a $200,000 injury, you may still recover $50,000.

At 90% fault for $100,000 in damages, you may still be entitled to collect $10,000.

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: Recovery Cut-Off Points

Modified comparative negligence systems, on the other hand, set a threshold percentage of fault that bars recovery if exceeded.

Two threshold variations exist: the 50% bar and the 51% bar.

Modified 50% Bar System (12 States)

You can recover damages only when you're less than 50% at fault.

At 49% fault, you collect reduced compensation.

At 50% or higher fault, you recover nothing.

States using the 50% bar: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, West Virginia, Wyoming.

Modified 51% Bar System (21 States)

You can recover damages when you're 50% or less at fault.

At 51% or higher fault, recovery is barred completely.

This system allows compensation even when fault is split equally between parties.

States using the 51% bar: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin.

 

The Key Difference Between Shared Fault Systems

The key difference between pure and modified comparative negligence is the cutoff barring recovery.

In both systems your compensation is reduced by the percentage of responsibility you are assigned for your injuries.

In a pure comparative negligence system you can still recover limited damages even if you're mostly at fault.

For a valid personal injury claim in a modified comparative negligence state, the injured party must have a fault percentage below the legal threshold.

 

Comparative Negligence Examples: Why Your State's System Matters

These examples show how identical injuries result in different outcomes based solely on your state's comparative negligence system.

Example 1: Rear-End Collision With Brake Light Failure

Recovery by state system:

• Pure Comparative State: You recover $112,500 (75% of $150,000)
• Modified 51% Bar State: You recover $112,500 (fault below threshold)
• Modified 50% Bar State: You recover $112,500 (fault below threshold)
• Pure Contributory State: You recover $0 (any fault bars recovery)

 

Example 2: Intersection Crash With Mutual Traffic Violations

Recovery by state system:

• Pure Comparative State: You recover $80,000 (40% of $200,000)
• Modified 51% Bar State: You recover $0 (60% fault exceeds threshold)
• Modified 50% Bar State: You recover $0 (60% fault exceeds threshold)
• Pure Contributory State: You recover $0 (any fault bars recovery)

 

Example 3: Equal Fault Scenario)

Recovery by state system:

• Pure Comparative State: You recover $50,000 (50% of $100,000)
• Modified 51% Bar State: You recover $50,000 (fault at threshold)
• Modified 50% Bar State: You recover $0 (50% meets bar threshold)
• Pure Contributory State: You recover $0 (any fault bars recovery)

 

How Insurance Companies Use Fault To Avoid Payouts

The insurance companies know that any blame they can assign to the injured party can mitigate their payout.

If they can successfully argue you share responsibility beyond the threshold they can avoid paying altogether.

The best accident attorneys know it's not what happened, it's what you can prove happened.

Skilled legal representation gives you the best chance to reach a fair outcome.

 

 

 

Different Negligence Systems

Pure Contributory Negligence

Four states plus Washington D.C. follow pure contributory negligence rules distinctly different than comparative negligence systems in that they bar recovery if you share any fault.

Any percentage of blame eliminates your claim completely.

Alabama, Maryland, North Carolina, Virginia, and Washington D.C. apply this all-or-nothing system.

No-Fault Insurance

Some states, notably Florida, also operate on a no-fault insurance system.

Under this system, an injured party can receive compensation for their losses regardless of who is found at fault for the accident.

In cases involving severe injuries, the injured party can pursue additional damages from the at-fault driver beyond what their Personal Injury Protection (PIP) benefits cover.