Understanding Comparative Negligence

Your state's negligence system dramatically impacts your recovery if you share any fault for the accident.

Contributory Negligence States

Alabama, Maryland, North Carolina, Virginia, Washington D.C.

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The Harsh Rule If you're found even 1% at fault, you recover NOTHING.

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Why It's Devastating Insurance companies aggressively argue any fault to avoid paying. Even minor violations (not wearing a helmet, slight speeding) can bar recovery.

Pure Comparative Negligence States

California, New York, Florida, and about 10 others

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The Fair Rule Your damages are reduced by your percentage of fault, but you can always recover something.

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Example $100,000 damages at 30% fault = $70,000 recovery

Modified Comparative Negligence States

Most states follow this system

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50% Bar Rule Recover if less than 50% at fault.

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51% Bar Rule Recover if 50% or less at fault.

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Example At 49% fault with $100,000 damages = $51,000 recovery At 51% fault under 51% bar rule = $0 recovery

How Fault Is Determined

Insurance companies and juries consider:

• Traffic law violations by either party

• Visibility (lights, clothing)

• Road position

• Speed

• Weather conditions

• Reaction time and awareness

Protecting Yourself

- Follow all traffic laws

• Use lights and visible clothing

• Don't admit fault at the scene

• Get witness contact information

• Document everything