Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
If you were partly to blame for an accident, you can still recover compensation in 46 states, but how much depends on your state’s fault rule. Ten states use pure comparative negligence, where your award is reduced by your share of fault however large it is. Thirty-five states use modified comparative negligence, where you recover nothing once your fault reaches 50% or 51%, depending on the state, and South Dakota allows recovery only if your fault was slight. Four states and Washington, D.C. still use contributory negligence, where being even 1% at fault can bar your claim.
The five fault rules at a glance
| Rule | How it works | States |
|---|---|---|
| Pure comparative negligence | Your award is reduced by your percentage of fault. You can recover something even if you were 90% to blame. | 10 |
| Modified comparative (51% bar) | Your award is reduced by your share of fault, but you recover nothing if you were more at fault than the other side, meaning 51% or more. | 25 |
| Modified comparative (50% bar) | Your award is reduced by your share of fault, but you recover nothing if you were 50% or more at fault. A 50/50 split means no recovery. | 10 |
| Slight/gross negligence | You recover only if your negligence was slight compared with the defendant’s, and your award is reduced. | 1 (South Dakota) |
| Contributory negligence | Any fault on your part, even 1%, can bar recovery completely, subject to narrow exceptions. | 4 and D.C. |
Fault rules by state: map
Tap a state to see its rule.
District of Columbia: contributory negligence, with an exception for pedestrians and cyclists. Hover over or tap a state for details.
What each rule means for a $100,000 claim
Say a jury decides your total damages are $100,000. Here is what you would receive at three different levels of fault:
| Rule | You are 40% at fault | You are 50% at fault | You are 60% at fault |
|---|---|---|---|
| Pure comparative | $60,000 | $50,000 | $40,000 |
| Modified (51% bar) | $60,000 | $50,000 | $0 |
| Modified (50% bar) | $60,000 | $0 | $0 |
| Slight/gross (South Dakota) | Likely $0 | $0 | $0 |
| Contributory negligence | $0 | $0 | $0 |
Michigan adds a twist: if you are more than 50% at fault, you lose damages for pain and suffering but can still recover reduced economic losses such as medical bills and lost wages. In most states that have a bar, your fault is compared with the combined fault of all the defendants, not with each one separately.
Comparative negligence rules in all 50 states
The “At 50% fault?” column shows whether you can still recover anything if you are found exactly half to blame.
No state matches that search.
| State | Fault rule | At 50% fault? | Law | Notes |
|---|---|---|---|---|
| Alabama | Contributory negligence | No | Common law (Williams v. Delta Int’l Machinery Corp., 1993) | Any fault can bar recovery. |
| Alaska | Pure comparative | Yes, reduced | Alaska Stat. § 09.17.060 | |
| Arizona | Pure comparative | Yes, reduced | A.R.S. § 12-2505 | |
| Arkansas | Modified (50% bar) | No | Ark. Code § 16-64-122 | |
| California | Pure comparative | Yes, reduced | Li v. Yellow Cab Co. (1975) | See our California guide. |
| Colorado | Modified (50% bar) | No | C.R.S. § 13-21-111 | |
| Connecticut | Modified (51% bar) | Yes, reduced | Conn. Gen. Stat. § 52-572h | |
| Delaware | Modified (51% bar) | Yes, reduced | 10 Del. C. § 8132 | |
| District of Columbia | Contributory negligence | No | Common law; D.C. Code § 50-2204.52 | Pedestrians and cyclists hit by a vehicle are barred only if more at fault than all defendants combined. |
| Florida | Modified (51% bar) | Yes, reduced | Fla. Stat. § 768.81(6) | Since March 24, 2023. Medical negligence cases still use pure comparative. See our Florida guide. |
| Georgia | Modified (50% bar) | No | O.C.G.A. § 51-12-33(g) | |
| Hawaii | Modified (51% bar) | Yes, reduced | Haw. Rev. Stat. § 663-31 | |
| Idaho | Modified (50% bar) | No | Idaho Code § 6-801 | |
| Illinois | Modified (51% bar) | Yes, reduced | 735 ILCS 5/2-1116 | See our Illinois guide. |
| Indiana | Modified (51% bar) | Yes, reduced | Ind. Code § 34-51-2-6 | Claims against government bodies still use contributory negligence. |
| Iowa | Modified (51% bar) | Yes, reduced | Iowa Code § 668.3 | |
| Kansas | Modified (50% bar) | No | K.S.A. § 60-258a | |
| Kentucky | Pure comparative | Yes, reduced | KRS § 411.182 | |
| Louisiana | Modified (51% bar) | Yes, reduced | La. Civ. Code art. 2323 | Pure comparative until January 1, 2026 (2025 House Bill 431). |
| Maine | Modified (50% bar) | No | 14 M.R.S. § 156 | |
| Maryland | Contributory negligence | No | Common law (Coleman v. Soccer Ass’n of Columbia, 2013) | Any fault can bar recovery. |
| Massachusetts | Modified (51% bar) | Yes, reduced | M.G.L. c. 231, § 85 | |
| Michigan | Modified (51% bar), hybrid | Yes, reduced | MCL § 600.2959 | Over 50% at fault: no pain and suffering damages, but reduced economic damages. |
| Minnesota | Modified (51% bar) | Yes, reduced | Minn. Stat. § 604.01 | |
| Mississippi | Pure comparative | Yes, reduced | Miss. Code § 11-7-15 | |
| Missouri | Pure comparative | Yes, reduced | Gustafson v. Benda (1983) | |
| Montana | Modified (51% bar) | Yes, reduced | Mont. Code § 27-1-702 | |
| Nebraska | Modified (50% bar) | No | Neb. Rev. Stat. § 25-21,185.09 | |
| Nevada | Modified (51% bar) | Yes, reduced | NRS § 41.141 | |
| New Hampshire | Modified (51% bar) | Yes, reduced | RSA 507:7-d | |
| New Jersey | Modified (51% bar) | Yes, reduced | N.J.S.A. 2A:15-5.1 | |
| New Mexico | Pure comparative | Yes, reduced | Scott v. Rizzo (1981) | |
| New York | Pure comparative; 51% bar in car cases | Yes, reduced | CPLR § 1411 | Car accident cases filed since late May 2026 are barred if you were more at fault than the defendants. See our New York guide. |
| North Carolina | Contributory negligence | No | Common law | Any fault can bar recovery. |
| North Dakota | Modified (50% bar) | No | N.D.C.C. § 32-03.2-02 | |
| Ohio | Modified (51% bar) | Yes, reduced | Ohio Rev. Code § 2315.33 | |
| Oklahoma | Modified (51% bar) | Yes, reduced | 23 O.S. § 13 | |
| Oregon | Modified (51% bar) | Yes, reduced | ORS § 31.600 | |
| Pennsylvania | Modified (51% bar) | Yes, reduced | 42 Pa.C.S. § 7102 | See our Pennsylvania guide. |
| Rhode Island | Pure comparative | Yes, reduced | R.I. Gen. Laws § 9-20-4 | |
| South Carolina | Modified (51% bar) | Yes, reduced | Nelson v. Concrete Supply Co. (1991) | |
| South Dakota | Slight/gross negligence | No | SDCL § 20-9-2 | You recover only if your negligence was slight compared with the defendant’s. |
| Tennessee | Modified (50% bar) | No | McIntyre v. Balentine (1992) | |
| Texas | Modified (51% bar) | Yes, reduced | Tex. Civ. Prac. & Rem. Code § 33.001 | See our Texas guide. |
| Utah | Modified (50% bar) | No | Utah Code § 78B-5-818 | |
| Vermont | Modified (51% bar) | Yes, reduced | 12 V.S.A. § 1036 | |
| Virginia | Contributory negligence | No | Common law | Any fault can bar recovery. |
| Washington | Pure comparative | Yes, reduced | RCW 4.22.005 | |
| West Virginia | Modified (51% bar) | Yes, reduced | W. Va. Code § 55-7-13c | |
| Wisconsin | Modified (51% bar) | Yes, reduced | Wis. Stat. § 895.045 | |
| Wyoming | Modified (51% bar) | Yes, reduced | Wyo. Stat. § 1-1-109 |
Recent changes: Florida, Louisiana and New York
Three large states have moved away from pure comparative negligence since 2023, so older articles and charts are often out of date:
- Florida (2023). House Bill 837 switched Florida to a 51% bar for negligence claims arising after March 24, 2023. Medical negligence cases still use pure comparative fault.
- Louisiana (2026). House Bill 431 of 2025 rewrote Civil Code article 2323. From January 1, 2026, a person found 51% or more at fault recovers nothing. Whether the change reaches accidents that happened before that date may be disputed, so get advice on any older claim.
- New York (2026). The 2026-27 budget added a 51% bar for car accident injury cases covered by the no-fault law, for lawsuits filed after the change took effect in late May 2026. Other New York cases still use pure comparative fault.
How fault percentages are decided
In a lawsuit that goes to trial, the jury, or the judge in a bench trial, assigns a percentage of fault to each person involved, and the court then applies your state’s rule. Most claims settle before that point, so in practice fault is negotiated with the insurance adjuster, who will often argue that you were partly to blame because every percentage point lowers what the insurer has to pay. In a 50% or 51% bar state, an adjuster who can push your share past the line can deny the claim outright.
Evidence decides those percentages: police reports, photos of the scene, witness statements, dashcam or security footage, traffic citations and the physical damage to the vehicles. Common reasons people are assigned a share of fault include speeding, looking at a phone, not watching where they were walking, or ignoring a posted warning. Not wearing a seat belt is handled differently from state to state; some states allow it to reduce your damages and others keep it out of evidence.
If the insurer says you were partly at fault
- Do not agree to a percentage on the phone. Anything you say in a recorded statement can be used to raise your share of the blame.
- Gather your own evidence early. Footage is often deleted within days, and witnesses become harder to find. Our guide to what to do after a car accident covers what to collect.
- Know your state’s line. In a 50% bar state, a 50/50 split means nothing; in a 51% bar state, it means half. That difference is worth arguing over.
- Get advice if fault is disputed. Contested fault is one of the main reasons people bring in a lawyer. See how to negotiate an injury settlement and how to find a personal injury lawyer.
Fault rules do not change your filing deadline. Check yours in our 50-state statute of limitations table or with the deadline calculator.
Frequently asked questions
What is the difference between comparative and contributory negligence?
Under comparative negligence, your own fault reduces your compensation in proportion to your share of the blame. Under contributory negligence, any fault on your part, however small, can bar recovery entirely. Only Alabama, Maryland, North Carolina, Virginia and Washington, D.C. still use contributory negligence.
Can I recover damages if I was 50% at fault?
In pure comparative states and the 25 states with a 51% bar, yes: you recover half your damages. In the 10 states with a 50% bar, such as Georgia, Colorado and Tennessee, a 50/50 split means you recover nothing. In contributory negligence jurisdictions and South Dakota, you recover nothing.
Which states use pure comparative negligence?
Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island and Washington. New York now applies a 51% bar to most car accident lawsuits, and Florida and Louisiana left the pure system in 2023 and 2026.
If I was hurt in another state, which fault rule applies?
Usually the rule of the state where the accident happened, because that is normally where the case is filed and its law governs. Choice-of-law questions can be complicated when the people involved live in different states, so confirm with a lawyer licensed where the accident happened.
Sources
- Florida Statutes § 768.81 (comparative fault)
- Louisiana Legislature, House Bill 431 (2025), enrolled, amending Civil Code article 2323
- New York CPLR § 1411
- Michigan Compiled Laws § 600.2959
- West Virginia Code § 55-7-13c
- D.C. Code § 50-2204.52 (Motor Vehicle Collision Recovery Act)
- Matthiesen, Wickert & Lehrer, Contributory Negligence and Comparative Fault Laws in All 50 States (updated April 2025), used to cross-check the remaining citations
Fault rules were checked against state statutes, court decisions and the 2025-2026 legislative changes in October 2026. Courts apply these rules to the facts of each case, and special rules can apply to claims against government bodies, products cases and wrongful death. Confirm how your state’s rule applies to you with a licensed attorney.
