What is the difference between comparative and contributory negligence?
Comparative negligence reduces your award by your percentage of fault. Contributory negligence (used only in Alabama, Maryland, North Carolina, Virginia, and Washington D.C.) bars ALL recovery if you were even 1% at fault. The rule your state uses dramatically affects your case.
What is the 50% versus 51% bar?
In modified comparative negligence states, a plaintiff is barred from recovery once their fault reaches a threshold. In a '50% bar' state you are barred at 50% or more; in a '51% bar' state you are barred at 51% or more. Below the threshold, your award is simply reduced by your fault percentage.
Which states use pure comparative negligence?
About 12 states, including California, New York, and Florida, use pure comparative negligence, letting you recover even if you are 99% at fault (you would still keep 1% of your damages). Most other states use a modified 50% or 51% bar rule.
How is fault percentage decided?
In litigation, the jury (or judge) assigns each party a percentage of fault based on the evidence. In settlement negotiations, the insurance adjuster estimates likely fault. Evidence such as police reports, witness statements, traffic laws, and expert reconstruction drives the apportionment.