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Guide

Comparative Negligence by State (Pure, 50%, 51%)

Most US states reduce your compensation by your share of fault. Some cut it off entirely once you reach 50% or 51% fault, and five jurisdictions follow contributory negligence, where any fault can bar recovery.

  • By InjuryRange Editorial Team
  • Updated 29 September 2026
  • No email or phone number required
  • How we calculate
Last checked 29 September 2026. Two recent changes: Louisiana moved from pure comparative fault to a 51% bar for injuries on or after 1 January 2026, and New York now bars motor vehicle lawsuits started on or after 26 May 2026 where your fault is greater than the defendants' combined fault. Other claim types in New York keep pure comparative fault.

How each rule changes a $100,000 award

Rule20% at fault50% at fault60% at fault
Pure comparative negligence$80,000$50,000$40,000
Modified comparative negligence (51% bar)$80,000$50,000Barred
Modified comparative negligence (50% bar)$80,000BarredBarred
Contributory negligenceBarredBarredBarred

Pure comparative negligence (10)

Your compensation is reduced by your share of fault, but you can still recover even if you were mostly at fault.

Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, Washington.

Modified comparative negligence (51% bar) (25)

Your compensation is reduced by your share of fault, and you recover nothing if you are more than 50% at fault.

Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming. New York also applies this bar to motor vehicle lawsuits started on or after 26 May 2026.

Modified comparative negligence (50% bar) (10)

Your compensation is reduced by your share of fault, and you recover nothing if you are 50% or more at fault.

Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah.

Contributory negligence (5)

If you are found even slightly at fault, you may recover nothing (limited exceptions such as last clear chance may apply).

Alabama, District of Columbia, Maryland, North Carolina, Virginia.

Slight/gross negligence comparison (1)

You can recover only if your negligence was slight compared with the other party's; awards are then reduced.

South Dakota.

Select your state in the settlement calculator to apply its rule to your own numbers.

Frequently asked questions

What is the difference between the 50% and 51% rules?

Under the 50% bar you recover nothing if you are 50% or more at fault. Under the 51% bar you can still recover at exactly 50% fault, but nothing if you are more than 50% at fault.

Which states still use contributory negligence?

Alabama, Maryland, North Carolina, Virginia and Washington, D.C. In these jurisdictions any fault on your part can bar recovery, subject to limited exceptions such as the last clear chance doctrine.

Who decides my percentage of fault?

Insurers argue it during negotiation; if the case goes to trial, a judge or jury decides. Evidence such as police reports, photos, witness statements and dashcam footage matters.

Sources

  1. Justia: Comparative & contributory negligence laws: 50-state survey
  2. Cornell LII: Comparative negligence
  3. Louisiana Civil Code art. 2323 (comparative fault), as amended in 2025
  4. Hinshaw & Culbertson: New York's 2026 motor vehicle tort reforms