Which states use pure comparative negligence?

9 states: Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, Rhode Island, Washington. You can recover damages even if you were 99% at fault, reduced by your share.

What is the difference between the 50% and 51% rules?

Under the 50% bar you recover nothing if you are 50% or more at fault, so a 50/50 accident pays nothing. Under the 51% bar you can still recover at exactly 50%, reduced by half, and are barred only at 51% or more.

Did any state change its fault rule recently?

Yes. Florida moved from pure to modified comparative negligence in 2023, Louisiana did the same on January 1, 2026, and New York adopted a bar for most car accident injury suits filed on or after May 26, 2026. See our law changes tracker.

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Comparative Negligence by State (2026): Fault Rules for Car Accidents

If you were partly at fault for a car accident, your state's fault rule decides whether you can recover and how much.26 states use the 51% bar, 10 use the 50% bar, 9 use pure comparative negligence, and 5 jurisdictions (Alabama, District of Columbia, Maryland, North Carolina, Virginia) still use contributory negligence.

All 50 states + DC
Verified 2026-11-13
Official sources on each state page

Pure comparative: you always recover, minus your share
51% bar: nothing if you are more than 50% at fault
50% bar: nothing if you are 50% or more at fault
Contributory or slight/gross: even small fault can mean $0

See what each rule pays on the same $100,000 claim in the 50-state partly-at-fault study.

Pure comparative negligence (9)

You can recover even if you were mostly at fault; your award is reduced by your percentage of fault.

Modified comparative negligence (51% bar) (26)

You recover nothing if you are 51% or more at fault; below that, your award is reduced by your share. (Michigan bars only pain and suffering; reduced economic losses are still paid.)

Modified comparative negligence (50% bar) (10)

You recover nothing if you are 50% or more at fault; below that, your award is reduced by your share.

Contributory negligence (5)

Any fault on your part, even 1%, can bar recovery entirely (narrow exceptions exist).

Slight/gross negligence comparison (1)

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

South Dakota

Example: how a 30% share of fault changes a $50,000 claim

Rule	You receive
Pure comparative	$35,000
Modified (50% or 51% bar)	$35,000
Contributory negligence	$0

At 60% fault, only pure comparative states still pay (here $20,000). Use the calculator to see your own numbers.

Frequently asked questions

Which states use contributory negligence?: 5 jurisdictions still use pure contributory negligence: Alabama, District of Columbia, Maryland, North Carolina, Virginia. In these places, being even slightly at fault can mean you recover nothing.
Which states use pure comparative negligence?: 9 states: Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, Rhode Island, Washington. You can recover damages even if you were 99% at fault, reduced by your share.
What is the difference between the 50% and 51% rules?: Under the 50% bar you recover nothing if you are 50% or more at fault, so a 50/50 accident pays nothing. Under the 51% bar you can still recover at exactly 50%, reduced by half, and are barred only at 51% or more.
Did any state change its fault rule recently?: Yes. Florida moved from pure to modified comparative negligence in 2023, Louisiana did the same on January 1, 2026, and New York adopted a bar for most car accident injury suits filed on or after May 26, 2026. See our law changes tracker.