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Comparative Negligence Rules by State
Whether you can still recover after being partly at fault depends on your state's negligence rule. Look up whether your state uses pure comparative, modified comparative, or contributory negligence — and the fault percentage at which recovery is reduced or barred entirely.
Negligence rule by state
Select a state for its rule in plain English, or scan the full, sortable 50-state table below.
Estimates update live. Use reset to restore starter examples.
Data under review
43 of 51 jurisdictions are fully verified. Rows still under review are listed with a caveat, but their specific deadline/rule/limit values are withheld (shown as “—”) until a final source check.
Texas
Texas bars recovery if you are more than 50% at fault; you can still recover at exactly 50%.
Source: Tex. Civ. Prac. & Rem. Code § 33.001
Negligence rule
Modified comparative (51% bar)
Fault bar (%)
51
All states & DC
Showing 51 of 51
| Alabama | Pure contributory negligence | 1 |
|---|---|---|
| Alaska | Pure comparative negligence | — |
| Arizona | Pure comparative negligence | — |
| Arkansas | Modified comparative (50% bar) | 50 |
| California | Pure comparative negligence | — |
| Colorado | Modified comparative (50% bar) | 50 |
| Connecticut | Modified comparative (51% bar) | 51 |
| Delaware | Modified comparative (51% bar) | 51 |
| District of Columbiaunder review | — | — |
| Floridaunder review | — | — |
| Georgia | Modified comparative (50% bar) | 50 |
| Hawaii | Modified comparative (51% bar) | 51 |
| Idaho | Modified comparative (50% bar) | 50 |
| Illinois | Modified comparative (51% bar) | 51 |
| Indiana | Modified comparative (51% bar) | 51 |
| Iowa | Modified comparative (51% bar) | 51 |
| Kansas | Modified comparative (50% bar) | 50 |
| Kentucky | Pure comparative negligence | — |
| Louisianaunder review | — | — |
| Maineunder review | — | — |
| Marylandunder review | — | — |
| Massachusetts | Modified comparative (51% bar) | 51 |
| Michiganunder review | — | — |
| Minnesota | Modified comparative (51% bar) | 51 |
| Mississippi | Pure comparative negligence | — |
| Missouri | Pure comparative negligence | — |
| Montana | Modified comparative (51% bar) | 51 |
| Nebraska | Modified comparative (50% bar) | 50 |
| Nevada | Modified comparative (51% bar) | 51 |
| New Hampshire | Modified comparative (51% bar) | 51 |
| New Jersey | Modified comparative (51% bar) | 51 |
| New Mexico | Pure comparative negligence | — |
| New York | Pure comparative negligence | — |
| North Carolina | Pure contributory negligence | 1 |
| North Dakota | Modified comparative (50% bar) | 50 |
| Ohio | Modified comparative (51% bar) | 51 |
| Oklahoma | Modified comparative (51% bar) | 51 |
| Oregon | Modified comparative (51% bar) | 51 |
| Pennsylvania | Modified comparative (51% bar) | 51 |
| Rhode Island | Pure comparative negligence | — |
| South Carolina | Modified comparative (51% bar) | 51 |
| South Dakotaunder review | — | — |
| Tennessee | Modified comparative (50% bar) | 50 |
| Texas | Modified comparative (51% bar) | 51 |
| Utah | Modified comparative (50% bar) | 50 |
| Vermont | Modified comparative (51% bar) | 51 |
| Virginia | Pure contributory negligence | 1 |
| Washington | Pure comparative negligence | — |
| West Virginiaunder review | — | — |
| Wisconsin | Modified comparative (51% bar) | 51 |
| Wyoming | Modified comparative (51% bar) | 51 |
How to use this tool
- Open the state reference tool. Scroll to the explorer and note that values are educational summaries of published state rules—not legal advice.
- Select your state. Choose the state where the crash, claim, or policy question arose so the table and summary focus on the right rule set.
- Read the rule and caveats. Review limits, fault systems, deadlines, or coverage notes, including any “verify before relying” warnings.
- Continue with a related calculator. Use the linked tools for fault, statute timing, coverage gaps, or settlement math once you know the state baseline.
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The same accident can pay full value in one state and nothing in another.
When fault is shared, your state's negligence rule controls how much you can recover. Pure comparative states let you recover even when mostly at fault, reduced by your share. Modified states cut recovery off at a 50% or 51% threshold. A handful of contributory-negligence jurisdictions can bar recovery for being even slightly at fault.
That is why estimating your likely fault percentage is only half the picture — the rule is what turns that percentage into a dollar outcome.
Related Resources
Use these pages and documentation tools to validate the estimate, preserve evidence, and keep the claim file organized.
Related Tool
Fault Percentage Estimator
Estimate how fault is likely to be apportioned, then see how your state's rule applies it to recovery.
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Net Settlement Calculator
Once fault adjusts the gross, model what the settlement nets after fees and liens.
Guides
Legal Process Guides
Read deeper guides on liability, negligence, and how shared fault is argued in a claim.
Frequently Asked Questions
What is comparative negligence?
Comparative negligence reduces your recovery by your share of fault. In a pure comparative state you can recover even if mostly at fault (minus your percentage); modified states cut off recovery at a 50% or 51% fault threshold.
What is the difference between 50% and 51% bar rules?
Under a 50% bar you cannot recover if you are 50% or more at fault. Under a 51% bar you can still recover at exactly 50% but not at 51% or more.
What is contributory negligence?
A few states follow pure contributory negligence, where being even 1% at fault can bar recovery entirely. It is the harshest rule for injured people.
How does fault percentage change my payout?
In a comparative state, a $100,000 claim reduced by 30% fault pays $70,000. In a contributory state, that same 30% fault could bar recovery completely — which is why the rule matters so much.
Educational Use Disclaimer
This tool is an educational reference only and does not constitute legal advice. Negligence rules have exceptions and are applied to specific facts by courts and juries; verify the current rule and how it applies with a licensed attorney in your state. Values shown as “under review” are not yet published.
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