Comparative negligence by state
What happens in each state when both drivers share the blame for a crash: pure comparative fault, a modified 50% or 51% bar, or contributory negligence.
Pure: your damages are reduced by your share of the fault. Modified 50% bar: you get nothing at 50% fault or more. Modified 51% bar: you get nothing above 50%. Contributory negligence: any fault can bar you.
| State | Rule | What it means | Law |
|---|---|---|---|
Check your state | Not confirmed | ||
Pure comparative | In Alaska, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | AS 09.17.060: your own fault lowers what you can recover by your share, but does not bar recovery. | |
Pure comparative | In Arizona, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | A.R.S. § 12-2505 (your damages are reduced by your share of fault; you are not barred even if you were mostly at fault) | |
Modified (50% bar) | In Arkansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Ark. Code Ann. § 16-64-122. | |
Pure comparative | In California, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Li v. | |
Modified (50% bar) | In Colorado, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | C.R.S. § 13-21-111 (you can recover only if your share of fault is less than the other side's; damages are cut by your share) | |
Modified (51% bar) | In Connecticut, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Conn. Gen. Stat. § 52-572h(b): your negligence doesn't bar recovery if it was not greater than the combined negligence of the people you are claiming against; your money is reduced by your share (so at 50% you still recover half; at 51% nothing). | |
Modified (51% bar) | In Delaware, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 10 Del. C. § 8132: you can recover if your negligence is not greater than the defendants' combined negligence; your damages are cut by your share. | |
Contributory negligence | In District of Columbia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | DC common law; D.C. Code § 50-2204.52 makes an exception: a pedestrian, cyclist or other vulnerable road user hit by a vehicle is not barred unless their negligence is greater than all defendants' combined. | |
Modified (51% bar) | In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Fla. Stat. § 768.81(6): if you are more than 50% at fault for your own harm, you get nothing (does not apply to medical negligence) | |
Check your state | Not confirmed | O.C.G.A. § 51-12-33 (reduction and apportionment of award or bar of recovery according to percentage of fault) | |
Modified (51% bar) | In Hawaii, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Haw. Rev. Stat. § 663-31 (you recover if your fault is not greater than the other side's; damages are cut by your share) | |
Modified (50% bar) | In Idaho, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Idaho Code § 6-801: your own fault doesn't bar recovery if it was not as great as the fault of the person you are claiming against; your money is reduced by your share. | |
Modified (51% bar) | In Illinois, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 735 ILCS 5/2-1116, as explained by the Illinois Department of Insurance: you can generally collect if you are 50% or less at fault, reduced by your share. | |
Modified (51% bar) | In Indiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | IC 34-51-2-6 (you are barred only if your fault is greater than the fault of all others whose fault contributed; otherwise damages are reduced by your share). | |
Modified (51% bar) | In Iowa, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Iowa Code § 668.3(1)(a): your fault doesn't bar recovery unless it is greater than the combined fault of the defendants; your damages are reduced by your share. | |
Modified (50% bar) | In Kansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | K.S.A. 60-258a(a) — you can recover only if your negligence was less than that of the party or parties you claim against; your award is reduced by your share. | |
Pure comparative | In Kentucky, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | KRS 411.182 (fault is split by percentage among all parties; your own fault reduces but does not bar recovery) | |
Modified (51% bar) | In Louisiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | La. Civ. Code art. 2323(A)(2), as amended by Acts 2025, No. 15 (HB 431), effective Jan. 1, 2026: if you are 51% or more at fault you recover nothing; under 51%, your money is reduced by your share. | |
Modified (50% bar) | In Maine, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | 14 M.R.S. § 156: your damages are reduced for your share of fault, and you cannot recover if you are found equally at fault (or more). | |
Contributory negligence | In Maryland, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | Coleman v. | |
Modified (51% bar) | In Massachusetts, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | M.G.L. c. | |
Modified (51% bar) | In Michigan, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | MCL 600.2959 and MCL 500.3135(2)(b), (4)(a) — damages are cut by your share of fault; if you are more than 50% at fault you get no noneconomic damages (pain and suffering) and no mini-tort recovery, though economic damages in a general tort case are only reduced. | |
Modified (51% bar) | In Minnesota, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Minn. Stat. § 604.01, subd. 1 (you recover if your fault is not greater than the other side's; damages are cut by your share) | |
Check your state | Not confirmed | ||
Pure comparative | In Missouri, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Missouri adopted pure comparative fault in 1983 (Gustafson v. | |
Modified (51% bar) | In Montana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Mont. Code Ann. § 27-1-702 (you can recover if your fault is not greater than the other side's; damages are reduced by your share) | |
Modified (50% bar) | In Nebraska, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Neb. Rev. Stat. § 25-21,185.09: you're barred if your negligence is equal to or greater than the total negligence of those you sue; otherwise your damages are reduced. | |
Modified (51% bar) | In Nevada, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | NRS 41.141 — you can recover if your share of fault is not greater than the other side's; your damages are cut by your share. | |
New Hampshire New Hampshire motor vehicle agency | Not covered yet | ||
Modified (51% bar) | In New Jersey, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | N.J.S.A. 2A:15-5.1: you can recover if your negligence was not greater than that of the person (or combined persons) you are claiming against; your money is reduced by your share. | |
Pure comparative | In New Mexico, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Scott v. | |
Modified (51% bar) for injury; pure comparative for property | For injury claims: In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). For property damage and other claims: In New York, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | CPLR § 1411(b), added by L.2026, ch. 58, Part EE: in a personal injury case covered by Insurance Law article 51 (car crashes), you are barred if your fault is greater than the other side's (combined); otherwise CPLR § 1411(a) reduces damages by your share. | |
Contributory negligence | In North Carolina, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | North Carolina common law (NCDOI: 'Contributory Negligence Law bars a driver from collecting damages if determined to be partially at fault'); N.C. Gen. Stat. § 1-139 (the defendant must prove it) | |
Modified (50% bar) | In North Dakota, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | N.D.C.C. § 32-03.2-02 — your fault does not bar recovery unless it is as great as the combined fault of all others; damages are reduced by your share. | |
Modified (51% bar) | In Ohio, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Ohio Rev. Code § 2315.33 (you recover if your fault is not greater than the combined fault of the others; damages are cut by your share) | |
Modified (51% bar) | In Oklahoma, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 23 O.S. § 13: your own negligence doesn't bar recovery unless it is of greater degree than the other side's (so at 50% you can still recover a reduced amount). | |
Modified (51% bar) | In Oregon, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | ORS 31.600: you can recover if your fault is not greater than the combined fault of the others; your damages are cut by your share. | |
Modified (51% bar) | In Pennsylvania, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 42 Pa.C.S. § 7102(a) (you can recover if your negligence is not greater than the defendants'; damages are reduced by your share) | |
Pure comparative | In Rhode Island, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | R.I. Gen. Laws § 9-20-4: your own lack of care doesn't bar recovery; damages are reduced by your share of fault. | |
Modified (51% bar) | In South Carolina, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Case law: Nelson v. | |
Slight/gross negligence | In South Dakota, you can recover only if your fault was “slight” compared with the other driver's, and then your damages are reduced. The law sets no fixed percentage, so we don't compute an amount. | SDCL § 20-9-2 (your own negligence does not bar recovery if it was 'slight' compared with the other driver's; your damages are then reduced by your share. | |
Modified (50% bar) | In Tennessee, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | McIntyre v. | |
Modified (51% bar) | In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Tex. Civ. Prac. & Rem. Code § 33.001: you cannot recover if your share of responsibility is greater than 50%. | |
Modified (50% bar) | In Utah, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Utah Code § 78B-5-818(2) (you recover only from defendants whose combined fault exceeds yours; at 50% you recover nothing) | |
Modified (51% bar) | In Vermont, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 12 V.S.A. § 1036: you can recover if your negligence was not greater than the defendants' total negligence; damages are reduced by your share. | |
Contributory negligence | In Virginia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | Common law, confirmed by the SCC Bureau of Insurance guide: 'Virginia is a contributory negligence state' — if you are responsible for the crash in any way, you could be barred from recovering from the other party. | |
Pure comparative | In Washington, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | RCW 4.22.005 (your own fault reduces your damages proportionately but does not bar recovery) | |
Modified (51% bar) | In West Virginia, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | W. Va. Code § 55-7-13a; § 55-7-13c(c): you can't recover if your fault is greater than the combined fault of everyone else; otherwise your money is reduced by your share of fault. | |
Modified (51% bar) | In Wisconsin, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Wis. Stat. § 895.045, as explained by OCI: you can recover only if your negligence is not greater than the other party's, reduced by your share. | |
Modified (51% bar) | In Wyoming, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Wyo. Stat. § 1-1-109(b) (you can recover if your fault is not more than 50% of the total; damages are reduced by your share) |
Fault and payout explainer
If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.
Ask the other driver's insurer to pay, in writing.
Claim letter