In most accidents, fault is not black and white. Comparative negligence rules decide how shared fault affects what you can recover — and the rules vary dramatically from state to state.
The three systems
Pure comparative negligence
You can recover damages even if you were 99% at fault — your recovery is just reduced by your percentage of fault. If you were 30% at fault on a $100,000 claim, you recover $70,000. States like California and Florida use this system.
Modified comparative negligence
You can recover only if your fault is below a threshold — either 50% or 51% depending on the state. Cross that line and you recover nothing. This is the most common system in the US.
Contributory negligence
The harshest rule: if you are even 1% at fault, you recover nothing. Only a handful of jurisdictions still use it, including Alabama, Maryland, North Carolina, Virginia, and Washington D.C.
| System | Can you recover if partly at fault? | Example states |
|---|---|---|
| Pure comparative | Yes, even at 99% fault | CA, FL, NY |
| Modified (50/51%) | Only below threshold | TX, IL, most states |
| Contributory | No, if 1%+ at fault | AL, MD, NC, VA |
How fault is determined
- Police reports and citations
- Witness statements
- Physical evidence and photos
- Traffic camera or dashcam footage
- Expert accident reconstruction
Insurers in contributory-negligence states aggressively try to assign you any fault at all, because even 1% wipes out your claim. Documentation is your best defense.
Protecting your recovery
Never admit fault at the scene, document everything, and get legal advice before giving a recorded statement. In states with strict rules, a small admission can cost you your entire claim.
Estimate your potential recovery with our personal injury calculator, then adjust for your state's negligence rules and any fault that might be assigned to you.