Comparative Fault: What If You Were Partly to Blame?

Many accidents are not entirely one person's fault. If you think you may have contributed, you may wonder whether you can still bring a claim. The answer depends on the rule your state uses.

The basic idea

Comparative fault (also called comparative negligence) is a way of dividing responsibility. A judge, jury, or insurer decides what percentage of fault belongs to each person, and a claimant's recovery is usually reduced by their own percentage.

For example, if your losses total $100,000 and you are found 20 percent at fault, a typical reduction would leave $80,000. The numbers here are only an illustration of the math.

The main types of rules

Pure comparative fault. You can recover something even if you were mostly at fault, with your recovery reduced by your share.

Modified comparative fault. You can recover only if your share of fault stays below a cutoff, commonly 50 or 51 percent. If you reach or pass it, you may recover nothing.

Contributory negligence. A small number of places follow a stricter rule where even a small share of fault can bar a claim, with limited exceptions.

Which rule applies is set by the state where the accident happened, so it is important to know that state's version.

How fault is argued

Insurers and defense lawyers often try to assign you a percentage of blame, because it lowers what they pay. Common arguments include speeding, distraction, not wearing a seatbelt or helmet, or not taking reasonable precautions. Evidence such as photos, camera footage, witness statements, and the police report can matter.

What helps

• Do not admit fault at the scene or in statements.
• Gather evidence early.
• Be accurate when describing what happened. Overstating or hiding details can damage your credibility.
• Do not assume your share of fault is as large as the other side says.

A note on the police report

A police report can be helpful, but it is not the final word on fault. Insurers and courts make their own decisions, and reports sometimes contain mistakes.

This article is general information, not legal advice. Fault rules and their effects differ by state and by case.