Comparative vs. Contributory Negligence, State by State

If you were partly at fault for your own injury, most states cut your compensation by your share of the blame. Four states and D.C. use contributory negligence instead, where even 1% fault can wipe out your claim.

The rule that applies depends on where the injury happened. Take a $100,000 case where you are 50% at fault. You collect $50,000 in California or Texas, and nothing in Georgia or Maryland.

What are the four fault systems?

Every state uses one of four main systems, according to Justia's 50-state survey. A jury or an insurer assigns each person a percentage of fault, and the system decides what that percentage does to your award.

• Pure contributory negligence. Any fault on your part bars recovery.
• Pure comparative negligence. Your award drops by your percentage of fault, even if you were 99% at fault.
• Modified comparative, 50% bar. You recover a reduced amount only if you were less than 50% at fault.
• Modified comparative, 51% bar. You recover a reduced amount if you were 50% or less at fault.

South Dakota uses its own "slight negligence" test. Michigan mixes systems in car cases, which we cover below.

Which states use contributory negligence?

Alabama, Maryland, North Carolina, Virginia and the District of Columbia still use it. In Coleman v. Soccer Association of Columbia (July 9, 2013), Maryland's highest court refused to drop the rule and left any change to the legislature.

The legislature hasn't changed it. A 2026 bill to allow comparative fault for pedestrians and cyclists, HB 466, was sent to interim study on March 19, 2026. See our Maryland and North Carolina pages.

D.C. has a carve-out for people outside cars. Under D.C. Code §50-2204.52, a pedestrian or cyclist isn't barred unless their negligence is greater than the combined negligence of all defendants. See our D.C. page.

Which states use pure comparative negligence?

Justia lists 11: Alaska, Arizona, California, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island and Washington.

California adopted the rule by court decision in Li v. Yellow Cab Co. (1975). New York wrote it into CPLR 1411, which says your fault "shall not bar recovery" but reduces damages in proportion.

Florida is no longer on this list. It used pure comparative fault until March 24, 2023. That day HB 837 barred anyone "greater than 50 percent at fault." Medical negligence cases still follow the old pure rule.

Which states use the 50% bar?

In these states you recover nothing if you are 50% or more at fault. A tie goes to the defendant. Justia lists Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee and Utah.

• Georgia. O.C.G.A. §51-12-33(g) says you get no damages if you are "50 percent or more responsible." See our Georgia page.
• Colorado. C.R.S. §13-21-111 lets you recover only if your negligence "was not as great as" the defendant's.
• Utah. Utah Code §78B-5-818 lets you recover only from defendants whose combined fault "exceeds" yours.

Which states use the 51% bar?

In these states you can still recover at exactly 50% fault. You lose everything at 51%. This is the most common system, used in 24 states on Justia's list, including Florida since 2023.

• Texas. Civ. Prac. and Rem. Code §33.001 bars recovery if your share "is greater than 50 percent." See our Texas page.
• Illinois. 735 ILCS 5/2-1116 bars you if your fault "is more than 50%."
• Pennsylvania. 42 Pa.C.S. §7102 allows recovery if your negligence was "not greater than" the defendants' combined negligence.

Michigan uses a split rule in car cases. Under MCL §500.3135(2)(b), you get no pain and suffering damages if you are more than 50% at fault. Economic losses are reduced, not barred.

How does each system change the same case?

Take one crash with $100,000 in total damages. Here is what you would collect at 3 different fault levels in each system.

The 50% case shows why the fight over a single percentage point is so intense in Georgia and Colorado. Moving from 49% to 50% takes the award from $51,000 to zero.

What if more than one person was at fault?

Some states compare your fault with all defendants added together. Pennsylvania's §7102 uses "the defendant or defendants against whom recovery is sought." Utah lets you recover from any group of defendants whose combined fault exceeds yours.

Fault can also go to people who aren't in the lawsuit. Utah's §78B-5-818 counts the fault of "nonparties to whom fault is allocated," which can shrink the share left for the defendants you sued.

Who decides the percentages?

At trial, the jury does. It lists a percentage for each party, and the judge applies the state formula. Georgia's §51-12-33(a) directs the judge to reduce the award "in proportion to" your fault.

Most claims settle, so an insurance adjuster usually makes the first estimate. An adjuster in a 51% bar state who rates you 60% at fault may offer nothing at all. Our guide to how settlements are calculated shows how fault feeds into an offer.

Evidence moves the number. A police report citing the other driver for running a red light, or a traffic-camera clip, is hard for an adjuster to argue with.

What to do if the insurer says you were partly at fault

1. Ask the adjuster for the exact percentage and the facts behind it, in writing.
2. Find your state's system above. In Maryland or Virginia, any fault finding is a full denial. In California or New York, it's only a reduction.
3. Gather evidence on the disputed point: photos, the police report, dashcam or doorbell video, witness contacts. Our car accident checklist covers what to collect.
4. If you are near a bar line, ask a lawyer how they would argue the percentage. That means 45% to 55% in modified states, or any fault in a contributory state.
5. Ask any lawyer you consult how many fault disputes they have tried to a jury in your state.