Comparative Fault
If an injured person was partly responsible for what happened, most states reduce their recovery by their percentage of fault. The rules vary — and they can eliminate the claim entirely in some states.
On this page
The essentials
- Comparative fault reduces recovery by the injured person's percentage of fault.
- States follow pure, modified (50 or 51%), or contributory negligence rules — outcomes differ dramatically.
- Every percentage point of fault directly reduces recovery by that percentage.
- Evidence that counters the other side's fault arguments directly protects claim value.
General U.S. background. State rules and individual facts can change the answer. Find your jurisdiction →
The basic idea
Comparative fault (sometimes called comparative negligence) is a way of allocating responsibility when both sides did something wrong. Instead of all-or-nothing, fault is split into percentages, and the injured person's recovery is reduced accordingly.
Three main systems
States follow one of three approaches:
- Pure comparative fault — the injured person can recover even if 99% at fault, reduced by their percentage
- Modified (50% bar) — the injured person must be less than 50% at fault to recover
- Modified (51% bar) — a person who is exactly 50% at fault may still recover, with damages reduced
- Contributory negligence — a handful of states bar recovery entirely if the injured person is even 1% at fault
Worked example
Suppose damages are $100,000 and the injured person is found 30% at fault. In a pure or modified state, they recover $70,000. In a strict contributory negligence state, they recover nothing. The difference between the rules can change the outcome entirely.
Why insurers push fault onto the injured person
Every percentage point of fault the insurer can put on the injured person reduces the payout by that percentage. Arguments about speed, attention, visibility, or failure to take precautions are all attempts to shift comparative-fault allocation. Evidence that counters these arguments protects claim value.
Sources and review scope
This legacy reference article has not received a new claim-by-claim source or licensed-attorney review. Its content update date is not a legal verification date. Check current official sources for rules relevant to your claim. How we distinguish content dates and source checks.
Put the information to use.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.