Can I get money if I was partly at fault for a car accident?

In most states, yes, but less. 9 states use pure comparative negligence, so you always recover minus your share. 36 states bar recovery once your fault reaches 50% or 51%. In 6 places (contributory negligence or South Dakota's slight/gross rule), even a small share of fault can mean $0.

Which states use contributory negligence?

Alabama, District of Columbia, Maryland, North Carolina, Virginia use contributory negligence, where any fault on your part can bar recovery. South Dakota uses a slight/gross comparison.

Which states changed their fault rules recently?

New York (May 26, 2026) and Louisiana (January 1, 2026) moved from pure comparative negligence to a 51% bar.

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Partly at fault? What you recover in every state

The same crash can pay very different amounts depending on the state. With $100,000 in damages and 51% of the blame, an injured driver collects $49,000 in 9 states and nothing for pain and suffering in the other42 (in all but Michigan, nothing at all). In 6 places, even 10% of the blame can wipe out the claim. In 2026, New York and Louisiana both moved to the stricter 51% rule.

All 50 states + DC
Data verified 2026-11-13
Free to cite with a link

The map

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

Same crash, different states: $100,000 in damages

Your share of fault	Pure comparative	51% bar	50% bar	Contributory
0%	$100,000	$100,000	$100,000	$100,000
10%	$90,000	$90,000	$90,000	$0
30%	$70,000	$70,000	$70,000	$0
49%	$51,000	$51,000	$51,000	$0
50%	$50,000	$50,000	$0	$0
51%	$49,000	$0	$0	$0
75%	$25,000	$0	$0	$0

Before insurance limits, attorney fees and liens. South Dakota's slight/gross rule has no fixed percentage, so it is grouped with contributory negligence as the strictest. Michigan's 51% bar removes only pain and suffering; economic losses beyond no-fault benefits are still paid, reduced by fault. New York's 51% bar applies to car accident suits filed on or after May 26, 2026. Juries decide fault percentages, and small shifts near 50% change outcomes completely.

States by rule

Pure comparative: you always recover, minus your share (9)

51% bar: nothing if you are more than 50% at fault (26)

50% bar: nothing if you are 50% or more at fault (10)

Contributory or slight/gross: even small fault can mean $0 (6)

Key findings

9 states never fully bar an injured driver; recovery shrinks with each percentage point of fault.
36 states use a 50% or 51% bar, so the difference between 50% and 51% fault can be the whole claim.
6 places can deny everything for minor fault, which matters most for cyclists and pedestrians, who are often blamed in part.
New York changed its rule on May 26, 2026: In car accident injury suits filed on or after May 26, 2026, you recover nothing if your fault is greater than the defendants' combined fault (CPLR 1411(b)). The 90/180-day serious-injury category was also repealed.
Louisiana changed its rule on January 1, 2026: Modified comparative fault: you recover nothing at 51% or more fault (Act 15 of 2025, Civil Code art. 2323). Which accidents fall under the new rule is not yet settled by the courts.

Methodology

Rules come from each state's statutes and leading court decisions, linked on every state page. The table applies each rule to a $100,000 claim before insurance limits and fees. See the full methodology. Journalists and researchers may use the map and figures with a link to this page.

Download the data

All 50 states and DC: fault rule, lawsuit deadline, insurance minimums, no-fault system, uninsured motorist requirement and pain-and-suffering cap. Free to use under CC BY 4.0 with a link to this page.

Download CSV JSON

Want your own number? Use the settlement calculator with your state and share of fault.

Frequently asked questions

Can I get money if I was partly at fault for a car accident?: In most states, yes, but less. 9 states use pure comparative negligence, so you always recover minus your share. 36 states bar recovery once your fault reaches 50% or 51%. In 6 places (contributory negligence or South Dakota's slight/gross rule), even a small share of fault can mean $0.
Which states use contributory negligence?: Alabama, District of Columbia, Maryland, North Carolina, Virginia use contributory negligence, where any fault on your part can bar recovery. South Dakota uses a slight/gross comparison.
Which states changed their fault rules recently?: New York (May 26, 2026) and Louisiana (January 1, 2026) moved from pure comparative negligence to a 51% bar.