What is comparative negligence?
Comparative negligence is the rule that compares how careless each person was and splits the blame in percentages, so an injured person who was partly at fault still collects, minus their own share. Some states stop payment entirely once that share passes a set line, such as 50%.
Last checked November 9, 2026 · Official sources (5)
Comparative negligence example: how the math works
Example: you are riding a bike at dusk without a front light. A driver turning into a parking lot does not look and knocks you down. Your broken wrist, missed work and bike add up to $20,000. The insurer agrees its driver caused most of it but says you share 25% of the blame for riding without a light.
| Your share of fault | Arizona | Texas |
|---|---|---|
| 0% | $20,000 | $20,000 |
| 25% | $15,000 | $15,000 |
| 50% | $10,000 | $10,000 |
| 51% | $9,800 | $0 |
These numbers are made up to show the math only. The point is that each percentage point is real money, and in Texas one point at the line can decide everything.
Which states use comparative negligence?
Most states use some version. The two main types are "pure," where your share only reduces the award, and "modified," where you lose everything past a cutoff. Arizona is pure: the claim is not barred, and damages fall in proportion to your fault. Texas is modified: more than 50% responsible means no recovery.
A handful of places never adopted it. A 2013 Maryland legislative report listed Alabama, Maryland, North Carolina, Virginia and the District of Columbia as still following contributory negligence. Check your own state, because these rules change.
Why does comparative negligence matter during a claim?
Long before any trial, the adjuster puts a number on your share and lowers the offer to match. That percentage is an opinion, not a ruling. Ask for it in writing with the reasons, and answer with photos, video, witness names and the police report. Small statements on a recorded call, like "I might have been going a little fast," often end up as a higher percentage.
Comparative negligence vs. contributory negligence
They answer the same question in opposite ways. Comparative negligence reduces your money by your share. Contributory negligence, in the few places that keep it, can bar you completely for even a small share of fault.
Questions
Can I recover if I was 50% at fault?
In Arizona, yes, reduced by half. In Texas, yes at 50%, because the cutoff is greater than 50%.
Who decides my percentage of fault?
The adjuster proposes one during negotiations. If the case is tried, the judge or jury sets it.
Is comparative fault the same as comparative negligence?
In everyday use, yes. Some states use "fault" to include more than carelessness, but the math works the same way.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- Washington Courts, Glossary of Legal Terms, checked 2026-11-09. “A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other, making each liable only for his or her percentage of fault.”
- Utah Insurance Department, checked 2026-11-09. “The settlement can then be reduced by your percentage of fault.”
- A.R.S. § 12-2505, checked 2026-11-09. “If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any.”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-09. “In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
- Maryland Department of Legislative Services (2013), checked 2026-11-09. “Currently, contributory negligence is the law in only five U.S. jurisdictions – Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.”