What is contributory negligence?
Contributory negligence is an old, strict rule: if the injured person was careless in any way that helped cause the accident, that person cannot collect damages from the other side at all. Only a few places still follow it; most states now reduce the money by a fault percentage instead.
Last checked November 9, 2026 · Official sources (5)
Contributory negligence example: the all-or-nothing rule
Example: you live in Phoenix and drive to a family wedding in Virginia. At a four-way stop, a pickup runs the sign and hits your car. You were 4 miles an hour over the limit. Your back injury costs $30,000 in treatment and lost wages.
| If a jury puts 10% of the blame on you | What you could recover |
|---|---|
| Under contributory negligence | $0 |
| Under Arizona's comparative rule | $27,000 |
| Under Texas's comparative rule | $27,000 |
These numbers are made up to show how harsh the rule is. Where the crash happened usually decides which state's rule applies, not where you live, and that choice can be argued.
Which states still use contributory negligence?
A 2013 report from Maryland's Department of Legislative Services listed Alabama, Maryland, North Carolina, Virginia and the District of Columbia. Courts and lawmakers in those places have exceptions, so the bar is not always absolute in practice. Check current law before you rely on this list.
Arizona went the other way. Its constitution says the defense of contributory negligence is always a question of fact for the jury. Its statute then says that if the jury applies the defense, the claim is not barred; damages are reduced in proportion to the claimant's fault. Texas also reduces damages and cuts off recovery only above 50% responsibility.
Why does contributory negligence matter after an injury?
If your crash or fall happened in one of these places, the insurer's first move is often to look for any mistake you made: a missed turn signal, a phone in your hand, a step off the curb outside a crosswalk. In those places, a single admission can sink the whole claim. People hurt there commonly talk to a local lawyer early for that reason.
Contributory vs. comparative negligence
Both look at the injured person's own carelessness. Contributory negligence asks a yes-or-no question and can end the claim. Comparative negligence asks how much and subtracts that share.
Questions
Does Arizona use contributory negligence?
No. Arizona keeps the term as a jury question, but a finding of fault reduces damages instead of barring the claim.
Does Texas use contributory negligence?
No. Texas reduces damages by your share and bars recovery only if your share is greater than 50%.
What if I was hurt in a contributory negligence state but live elsewhere?
The place of the crash usually controls, though the other side's and your own state's ties can matter. That choice-of-law question is one people commonly bring to a lawyer.
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See if I’m owed moneySources (5)
- Washington Courts, Glossary of Legal Terms, checked 2026-11-09. “A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant's negligence.”
- 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.”
- 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.”
- Ariz. Const. art. 18, § 5, checked 2026-11-09. “The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury.”
- 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.”