Comparative & contributory fault

Under pure comparative fault, you can recover damages even if you were mostly at fault — your recovery is just reduced by your percentage of fault. Thirteen states follow this rule, including California, Florida, and New York.

Example: a jury finds you 80% at fault for a crash. Total damages are $100,000. You recover $20,000 (reduced by your 80% fault).

You can recover only if your fault is 50% or less. If you are 51% or more at fault, you recover nothing. States that follow the 50% bar include Colorado, Georgia, and Tennessee.

Similar, but the cutoff is 51%. You can recover if you are 50% or less at fault; 51% or more and you recover nothing. States that follow the 51% bar include Illinois, Texas, and Michigan.

The harshest rule. If the injured person contributed to the accident at all — even 1% — recovery is barred entirely. Only a handful of states still use this: Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.

The rule in your state drives the whole strategy of a claim. In a contributory-negligence state, defense lawyers aggressively build even thin cases for fault on the injured person. In a pure-comparative state, nearly every case has value, but percentage fights are harder.

Call an attorney to understand how your state’s rule applies to the specific facts of your accident.