Comparative Negligence Calculator by State
Being partly at fault doesn't necessarily kill your claim — but the rules differ radically by state. Pick your state and fault percentage to see what you could still recover.
The four fault systems
Pure comparative negligence (California, New York, Florida's med-mal claims, ~12 states): your recovery is reduced by your fault percentage, even at 99% fault. Modified comparative with a 50% bar (~10 states): recover only if you're less than 50% at fault. Modified with a 51% bar (~23 states): recover if you're 50% or less at fault. Contributory negligence (Alabama, Maryland, North Carolina, Virginia, DC): any fault at all — even 1% — bars recovery entirely. South Dakota stands alone with its 'slight vs gross' comparison.
Florida's 2023 reform moved it from pure comparative to a 51% bar for most claims — one of the biggest recent shifts.
Why fault percentage is the real battleground
Adjusters know these thresholds and negotiate fault percentages accordingly — nudging a claimant from 45% to 55% fault in a modified-51% state turns a six-figure recovery into zero. Evidence drives the percentage: police reports, dash-cam footage, witness statements, and skid measurements. In contributory states, insurers assert even trivial claimant fault because it's a complete defense; doctrines like 'last clear chance' are often the counter.
Frequently asked questions
Can I recover damages if the accident was partly my fault?
In most states, yes — your award is reduced by your fault share. But in Alabama, Maryland, North Carolina, Virginia, and DC, any fault at all can bar recovery completely.
What's the difference between a 50% and 51% bar?
In 50%-bar states you must be less than 50% at fault (49% recovers, 50% gets nothing). In 51%-bar states you can be exactly 50% at fault and still recover half your damages.
Who decides my percentage of fault?
In settlement, the adjusters and attorneys negotiating; at trial, the jury. It's an argument built on evidence, not a formula — which is why the same crash can be 20% or 60% depending on documentation.
Which states still use contributory negligence?
Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. DC carved out an exception for pedestrians and cyclists in 2016; Maryland reform bills have repeatedly failed, most recently in 2025.
This tool is for general information only and is not legal advice. Deadlines and fault rules have exceptions that only a licensed attorney in your state can assess. Data verified July 2026.