How each rule changes a $100,000 award
| Rule | 20% at fault | 50% at fault | 60% at fault |
|---|---|---|---|
| Pure comparative negligence | $80,000 | $50,000 | $40,000 |
| Modified comparative negligence (51% bar) | $80,000 | $50,000 | Barred |
| Modified comparative negligence (50% bar) | $80,000 | Barred | Barred |
| Contributory negligence | Barred | Barred | Barred |
Pure comparative negligence (10)
Your compensation is reduced by your share of fault, but you can still recover even if you were mostly at fault.
Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, Washington.
Modified comparative negligence (51% bar) (25)
Your compensation is reduced by your share of fault, and you recover nothing if you are more than 50% at fault.
Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming. New York also applies this bar to motor vehicle lawsuits started on or after 26 May 2026.
Modified comparative negligence (50% bar) (10)
Your compensation is reduced by your share of fault, and you recover nothing if you are 50% or more at fault.
Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah.
Contributory negligence (5)
If you are found even slightly at fault, you may recover nothing (limited exceptions such as last clear chance may apply).
Alabama, District of Columbia, Maryland, North Carolina, Virginia.
Slight/gross negligence comparison (1)
You can recover only if your negligence was slight compared with the other party's; awards are then reduced.
South Dakota.
Select your state in the settlement calculator to apply its rule to your own numbers.