Partial Fault

Car accidents are not always the fault of just one driver. When more than one party contributes to a crash, the rules a state uses to divide responsibility, and how that division affects compensation, can vary dramatically depending on where the accident happened.

Pure Comparative Negligence

Under a pure comparative negligence system, an injured person can recover compensation even if they were mostly at fault for the accident, with their damages simply reduced by their percentage of responsibility. For example, someone found 80% at fault could still recover the remaining 20% of their damages. This is generally the most permissive approach for injured claimants, since fault, even significant fault, does not completely bar recovery.

Modified Comparative Negligence

Modified comparative negligence systems allow recovery only up to a certain fault threshold, most commonly either a 50% bar or a 51% bar. Under a 50% bar rule, a person who is exactly half at fault or more is barred from recovering anything, while under a 51% bar rule, they can still recover if they are exactly 50% at fault, but not if they are 51% or more. This one-percentage-point difference can be the deciding factor in whether a claim succeeds at all, which makes an accurate fault determination especially important in these states.

Contributory Negligence

A small number of jurisdictions still follow pure contributory negligence, the strictest fault rule in use. Under this approach, an injured person who is found to bear even a small percentage of fault, sometimes as little as 1%, can be completely barred from recovering any compensation. Because the standard is so unforgiving, building a strong case that places fault entirely on the other driver is critical in these jurisdictions.

What to Do Next

Find out which comparative or contributory negligence rule applies in your state, since it directly affects how partial fault impacts your potential recovery.

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