At a glance
The five rules in one screen
Last updated
- States where partial fault still allows recovery
- 45 of 51 jurisdictions
- States where ANY fault bars you
- 5 (AL, MD, NC, VA, DC)
- Most common rule
- Modified 51% bar (25 states)
- Pure comparative (no cap)
- 10 states, incl. CA & NY
- Recent rule changes
- FL (2023), LA (2024 + 2026)
- How damages reduce
- Always strictly proportional to your fault
Find your state’s rule
Every US jurisdiction follows one of five rule types. Locate yours below, then click through to the per-state page for the controlling statute or court decision.
Pure comparative
10 states · max fault to recover: No cap
Recover at any fault percentage. Damages are reduced proportionally with no cutoff.
Modified 50% bar
10 states · max fault to recover: 49%
Recover only if your fault is less than 50%. At 50% or more you get nothing.
Modified 51% bar
25 states · max fault to recover: 50%
Recover when fault is 50% or less. At 51% or more you are barred.
Pure contributory
5 states · max fault to recover: 0%
Any fault on your part bars recovery entirely. The harshest rule in U.S. tort law.
Slight-gross (SD only)
1 state · max fault to recover: Special
Recover only if your fault is "slight" and the defendant's is "gross." Jury's qualitative call.
What you recover at every fault percentage
Each example uses a $50,000 total damages claim. Notice how recovery cliffs to zero in modified-bar and contributory states once you cross the threshold. = full recovery, = barred.
| Your fault | Pure CA, NY, KY | 50% bar TN, GA, CO | 51% bar TX, FL, IL | Contributory MD, NC, VA |
|---|---|---|---|---|
| 0% | $50,000 | $50,000 | $50,000 | $0 |
| 10% | $45,000 | $45,000 | $45,000 | $0 |
| 30% | $35,000 | $35,000 | $35,000 | $0 |
| 49% | $25,500 | $25,500 | $25,500 | $0 |
| 50% | $25,000 | — | $25,000 | $0 |
| 51% | $24,500 | — | — | $0 |
| 90% | $5,000 | — | — | $0 |
“—” means recovery is barred entirely. Contributory states bar at any fault > 0%.
How adjusters use this against you
Insurance adjusters know the rule in your state and use it as leverage. The tactics differ by regime, but every fault percentage assigned to you reduces the offer.
Pure comparative
No cliff to push you over, so adjusters push the percentage upward. Every 10 points of additional fault cuts the offer by 10% of case value. On a $100K case, moving you from 20% to 40% fault is a $20K swing.
Modified bar (50% / 51%)
Adjusters target the cliff. Pushing your fault from 40% to 51% in a 51% bar state moves the offer from $30K to $0 on a $50K claim. Liability disputes become extremely high-stakes here.
Pure contributory
Even 1% fault eliminates the claim. Adjusters in AL, MD, NC, VA, and DC will look for any contributing factor on your side. Claims in these jurisdictions settle for less or get litigated harder than elsewhere.
The standard defense: do not give a recorded statement to the at-fault driver’s insurer. You are generally not legally required to in any U.S. state. Document everything contemporaneously, and consult a licensed attorney before agreeing to any percentage of fault.
Recent rule changes that affect timing
Two states have changed the rule in the last few years. In both, the date your accident accrued determines which rule applies.
Louisiana
Switched from pure comparative to a 51% bar
Louisiana left the pure-comparative cluster under Act 15 of 2025 (HB 431). Accidents on or after January 1, 2026 fall under the new bar; pre-cutover accidents remain on pure comparative. The cutover date in your case is critical.
Louisiana deep diveLouisiana
Personal injury SOL extended from 1 year to 2 years
Act 423 of 2024 (HB 315) extended Louisiana's prescriptive period for personal injury from one year to two years under La. Civ. Code art. 3493.1. Combined with the 2026 fault change, two major rule changes hit in an 18-month window.
Louisiana SOL detailsFlorida
Switched from pure comparative to a 51% bar
Florida switched from pure comparative to a modified 51% bar under House Bill 837. Causes of action accruing on or after the effective date follow the new rule. Medical-negligence cases were carved out and remain on pure comparative.
Florida deep dive
State deep dives
Four states have angles distinct enough to merit their own page: the most claimant-friendly regime, two cutover narratives, and the harshest pure-contributory regime.
Pure comparative
Partly at Fault in California
The most claimant-friendly state for partly-at-fault claims
Read deep diveHB 837 cutover
Partly at Fault in Florida
Pre vs post-March 24, 2023, with the medical-negligence carve-out
Read deep diveAct 15 of 2025 cutover
Partly at Fault in Louisiana
Three accident-date windows from the dual 2024-2026 changes
Read deep divePure contributory
Partly at Fault in Maryland
Any fault bars recovery entirely; the two narrow mitigators
Read deep diveNeed the rule for your specific state?
Every US jurisdiction has a dedicated page with the controlling statute or court decision, the recovery cutoff, the lastVerified date, and state-specific notes on exceptions.
See comparative negligence for all 51 jurisdictionsInformational only and not legal advice. Some states apply different rules to specific categories (medical-negligence in Florida is excluded from the 51% bar, for example). Notice deadlines and statute-of-limitations rules are separate; see our statute of limitations guide for those. Confirm the controlling rule with a licensed attorney in your state.