Comparative negligence in car accidents means your compensation can be reduced if you were partly at fault for the crash. Instead of being completely barred from recovery, you may still recover damages — but only in proportion to the other driver’s share of fault.
If fault is being disputed after your crash, understanding comparative negligence can make the difference between getting paid and walking away with nothing.
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You can recover damages no matter how high your fault is, but your award is reduced by your percentage of fault. States include California, New York, Florida, and Washington.
You can recover damages only if you are less than 50% at fault. If you are 50% or more responsible, recovery is barred. States include Georgia, Colorado, and Maine.
You can recover damages if you are 50% or less at fault. If you are more than 50% responsible, recovery is barred. States include Texas, Illinois, and Pennsylvania.
In Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., being even 1% at fault can bar recovery entirely. Washington State is not contributory—it follows pure comparative negligence.
Police reports, evidence, witness statements, photos, videos, and expert analysis are used to assign fault.
A lawyer can investigate, challenge unfair fault, work with experts, and protect your recovery.
It’s a rule that reduces your compensation based on your percentage of fault.
In most states, yes — unless you exceed the fault limit or are in a contributory state.
Pure allows recovery regardless of fault. Modified bars recovery if you reach a set percentage.
In 50% states, you recover nothing. In 51% states, you may still recover 50%.
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If an insurer is blaming you, don’t assume it’s final. Comparative negligence rules are complex. Contact us for a free consultation.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
