Comparative and contributory negligence by state
Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.
35Modified comparative negligence
10Pure comparative negligence
5Contributory negligence
51states and DC covered: 51 cross-checked
Fault system: map
- Modified comparative negligence (35)
- Pure comparative negligence (10)
- Contributory negligence (5)
- Other (1)
Full table
| State | Rule | When you are barred |
|---|---|---|
| Alabama | Contributory negligence | Barred if you are even 1% at fault |
| Alaska | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Arizona | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Arkansas | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| California | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Colorado | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Connecticut | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Delaware | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| District of Columbia | Contributory negligence (51% bar for pedestrians and cyclists) | Barred at 1% fault; pedestrians and cyclists barred only at 51%+ |
| Florida | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Georgia | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Hawaii | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Idaho | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Illinois | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Indiana | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Iowa | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Kansas | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Kentucky | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Louisiana | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Maine | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Maryland | Contributory negligence | Barred if you are even 1% at fault |
| Massachusetts | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Michigan | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Minnesota | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Mississippi | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Missouri | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| Montana | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Nebraska | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Nevada | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| New Hampshire | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| New Jersey | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| New Mexico | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| New York | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| North Carolina | Contributory negligence | Barred if you are even 1% at fault |
| North Dakota | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Ohio | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Oklahoma | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Oregon | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Pennsylvania | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Rhode Island | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| South Carolina | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| South Dakota | Slight/gross negligence comparison | Recovery only if your fault is slight compared with the other side's |
| Tennessee | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Texas | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Utah | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Vermont | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Virginia | Contributory negligence | Barred if you are even 1% at fault |
| Washington | Pure comparative negligence | Up to 99% at fault: damages reduced by your share |
| West Virginia | Modified comparative negligence (50% bar) | Barred if you are 50% or more at fault |
| Wisconsin | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
| Wyoming | Modified comparative negligence (51% bar) | Barred if you are 51% or more at fault |
How we checked this
Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site Single detailed source one detailed table built from statutes or official data Under review sources disagree; read the note and the law.