HomeLaws by stateComparative negligence
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.
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.