Understanding Comparative Negligence: How Fault Affects Your Claim

When you're injured in an accident, one of the first questions is: who was at fault? But what happens when both parties share some blame? The answer depends on your state's negligence laws.

Pure Comparative Negligence (13 states including California, New York, Florida): You can recover damages regardless of your fault percentage. If you're 90% at fault, you can still recover 10% of your damages.

Modified Comparative Negligence - 50% Rule (12 states including Colorado, Georgia, Idaho): You can recover only if you're less than 50% at fault. At 50% or more fault, you recover nothing.

Modified Comparative Negligence - 51% Rule (21 states including Texas, Ohio, Pennsylvania): You can recover only if you're 50% or less at fault. At 51% or more fault, you recover nothing.

Contributory Negligence (4 states + DC: Alabama, Maryland, North Carolina, Virginia): If you're even 1% at fault, you cannot recover any damages. This is the harshest rule for plaintiffs.

How Fault is Determined: Insurance adjusters and courts consider police reports, witness statements, physical evidence, traffic laws, and expert testimony. Fault percentages are negotiable—don't accept the insurance company's initial assessment without question.

Protecting Yourself: Never admit fault at the accident scene. Statements like 'I'm sorry' can be used against you. Let the evidence speak for itself and consult with an attorney before accepting any fault determination.