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If you were partly at fault: the rule in every state

Most states cut your compensation by your share of the blame. Where they differ is the cutoff: 9 states pay something at any level of fault, 36 stop paying once you are about half to blame, and 5 can deny you anything if you were even slightly at fault.

Each rule quoted from the statute or controlling case, checked October 2, 2026

pure comparative (9)

Your award shrinks by your share of the blame, even if you were mostly at fault. 90% at fault still recovers 10%.

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

modified comparative (51% bar) (26)

Your award shrinks by your share of the blame, and you recover nothing if you were more at fault than the other side (51% or more).

Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming

modified comparative (50% bar) (10)

Your award shrinks by your share of the blame, and you recover nothing at 50% or more.

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

slight/gross comparison (1)

You recover only if your fault was slight compared with the other driver's.

South Dakota

contributory (5)

Any fault of your own, even 1%, can bar recovery entirely.

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

See what your state's rule does to a claim in the settlement calculator.