⚠️ Fault Matters: In states with 50% or 51% bars, being found half at fault can completely eliminate your recovery. Understanding these rules is essential.
Comparative Negligence: How Fault Affects Your Claim
Comparative negligence principles are explained by Cornell Law School Legal Information Institute. Each state follows either pure comparative, modified comparative, or contributory negligence per Nolo legal guides.
Comparative negligence determines how your percentage of fault affects your recovery. Most states have moved away from the harsh old rule that any fault by the plaintiff barred all recovery. However, the new systems still significantly impact claim values based on your share of fault.
Types of Comparative Negligence Systems
- Pure comparative negligence: Recover damages reduced by your fault percentage, even at 99% fault (13 states)
- Modified comparative negligence (50% bar): Recover if 49% or less at fault; barred at 50%+ (12 states including Georgia)
- Modified comparative negligence (51% bar): Recover if 50% or less at fault; barred at 51%+ (21 states including Texas, Illinois)
- Contributory negligence: Any fault by plaintiff bars recovery entirely (4 states + DC)
State-by-State Rules
- Texas: 51% bar - recover at 50% fault or less
- Georgia: 50% bar - recover at 49% fault or less (stricter)
- Illinois: 51% bar - recover at 50% fault or less
- California: Pure comparative - recover at any fault level
- Florida: Modified comparative as of 2023
- New York: Pure comparative negligence
- Virginia: Contributory negligence (very harsh)
How Insurance Companies Use Comparative Negligence
Insurance adjusters aggressively argue plaintiff fault to reduce or eliminate liability:
- Recorded statements: Questions designed to establish your fault
- Scene investigation: Looking for evidence you contributed to accident
- Medical records: Searching for pre-existing conditions to blame
- Social media: Posts that might suggest your activities caused injury
- Surveillance: Video of activities inconsistent with claimed limitations
Protecting Against Fault Arguments
- Do not admit fault at the scene or to insurance
- Do not give recorded statements without attorney guidance
- Document evidence of defendant fault immediately
- Preserve all evidence that supports your version
- Follow all medical recommendations consistently
- Be careful about social media posts during your claim
ℹ️ Fault Disputed? Quick Claim attorneys fight back against insurance company fault arguments. Free consultation: (773) 839-6086.