Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
Being partly to blame for a crash doesn't automatically mean you walk away with nothing. In most states, a rule called comparative negligence reduces what you can recover by your share of the fault — so if you're found partly responsible, your recovery is trimmed accordingly. A few states follow a much harsher contributory-negligence rule that can bar recovery entirely if you're even slightly at fault. Which rule applies — and how it works — depends on your state.
Most states use some form of comparative negligence, where your recovery is reduced in proportion to your percentage of fault. In a 'pure' version, you can recover something even if you're mostly at fault; in a 'modified' version, you're barred once your share crosses a cutoff (commonly stated as 50% or 51%). The category that applies, and the cutoff, vary by state.
A small number of states (plus the District of Columbia) follow contributory negligence, under which being even slightly at fault can bar recovery completely. This is the strictest approach and exists in only a handful of jurisdictions. Whether your state is one of them is something to confirm against your state's law.
Fault percentages come from evidence — the police report, photos, witness accounts, vehicle damage, and sometimes traffic-law violations. Insurers assign fault first during a claim; if a case goes to court, a judge or jury decides. Because the same facts can be argued different ways, the documentation you gathered at the scene matters here.
Say two drivers share blame for a crash. In a comparative-negligence state, a driver found 20% at fault generally still recovers, reduced by that 20%. In a strict contributory-negligence state, that same 20% share could end the claim entirely. Use the comparison table and your-state panel on this page to see which framework your state follows — and consider talking to a licensed attorney in your state if fault is disputed.
More on this topic: the Personal Injury hub
This shows whether your state still lets an injured person recover money when they were partly at fault, and at what share of blame recovery is cut off. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."
| State | Negligence recovery rule | Source |
|---|---|---|
| Alabama | Contributory | LawInfo — Negligence Laws by State |
| Alaska | Pure comparative | Alaska Stat. 09.17.060 |
| Arizona | Pure comparative | Ariz. Rev. Stat. 12-2505 |
| Arkansas | Modified (50% bar) | Ark. Code 16-64-122 |
| California | Pure comparative | LawInfo — Negligence Laws by State |
| Colorado | Modified (50% bar) | Colo. Rev. Stat. 13-21-111 |
| Connecticut | Modified (51% bar) | Conn. Gen. Stat. 52-572h |
| Delaware | Modified (51% bar) | Del. Code tit. 10, 8132 |
| District of Columbia | Contributory | LawInfo — Negligence Laws by State |
| Florida | Modified (51% bar) | Fla. Stat. 768.81 |
| Georgia | Modified (50% bar) | Ga. Code 51-12-33 |
| Hawaii | Modified (51% bar) | Haw. Rev. Stat. 663-31 |
| Idaho | Modified (50% bar) | Idaho Code 6-801 |
| Illinois | Modified (51% bar) | 735 ILCS 5/2-1116 |
| Indiana | Modified (51% bar) | Ind. Code 34-51-2-6 |
| Iowa | Modified (51% bar) | Iowa Code 668.3 |
| Kansas | Modified (50% bar) | Kan. Stat. 60-258a |
| Kentucky | Pure comparative | Ky. Rev. Stat. 411.182 |
| Louisiana | Pure comparative | LawInfo — Negligence Laws by State |
| Maine | Modified (50% bar) | 14 M.R.S. 156 |
| Maryland | Contributory | LawInfo — Negligence Laws by State |
| Massachusetts | Modified (51% bar) | Mass. Gen. Laws ch. 231, 85 |
| Michigan | Modified (51% bar) | Mich. Comp. Laws 600.2959 |
| Minnesota | Modified (51% bar) | Minn. Stat. 604.01 |
| Mississippi | Pure comparative | Miss. Code 11-7-15 |
| Missouri | Pure comparative | LawInfo — Negligence Laws by State |
| Montana | Modified (51% bar) | Mont. Code 27-1-702 |
| Nebraska | Modified (50% bar) | Neb. Rev. Stat. 25-21,185.09 |
| Nevada | Modified (51% bar) | Nev. Rev. Stat. 41.141 |
| New Hampshire | Modified (51% bar) | N.H. Rev. Stat. 507:7-d |
| New Jersey | Modified (51% bar) | N.J. Stat. 2A:15-5.1 |
| New Mexico | Pure comparative | LawInfo — Negligence Laws by State |
| New York | Pure comparative | N.Y. C.P.L.R. 1411 |
| North Carolina | Contributory | LawInfo — Negligence Laws by State |
| North Dakota | Modified (50% bar) | N.D. Cent. Code 32-03.2-02 |
| Ohio | Modified (51% bar) | Ohio Rev. Code 2315.33 |
| Oklahoma | Modified (51% bar) | 23 Okla. Stat. 13 |
| Oregon | Modified (51% bar) | Or. Rev. Stat. 31.600 |
| Pennsylvania | Modified (51% bar) | 42 Pa. Cons. Stat. 7102 |
| Rhode Island | Pure comparative | R.I. Gen. Laws 9-20-4 |
| South Carolina | Modified (51% bar) | LawInfo — Negligence Laws by State |
| South Dakota | Slight/gross | S.D. Codified Laws 20-9-2 |
| Tennessee | Modified (50% bar) | LawInfo — Negligence Laws by State |
| Texas | Modified (51% bar) | Tex. Civ. Prac. & Rem. Code 33.001 |
| Utah | Modified (50% bar) | Utah Code 78B-5-818 |
| Vermont | Modified (51% bar) | 12 V.S.A. 1036 |
| Virginia | Contributory | LawInfo — Negligence Laws by State |
| Washington | Pure comparative | Wash. Rev. Code 4.22.005 |
| West Virginia | Modified (51% bar) | W. Va. Code 55-7-13c |
| Wisconsin | Modified (51% bar) | Wis. Stat. 895.045 |
| Wyoming | Modified (51% bar) | Wyo. Stat. 1-1-109 |
General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.
NotALawyer.com provides general legal information, not legal advice.