Tool
Fault-rule explainer: how your share of blame changes a claim
Slide your share of the blame and choose a state to see whether its fault rule lets you recover, and what share of your proven damages you could still claim.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
When both drivers share the blame, your state's fault rule decides what happens. In most states your damages are cut by your share of fault, and you lose the claim entirely once your share reaches a bar of 50% or 51%. A handful of states let you recover something at any share, and a few still bar you for almost any fault. This tool shows the rule, not the money: it never estimates dollar amounts.
Fault-rule explainerShows the rule, never a dollar figure
Texas · Modified comparative fault (51% bar)
70%
At 30% fault, Texas’s rule lets you recover up to 70% of your proven damages: the total is cut by your share of the blame.
Texas detail. Texas calls this proportionate responsibility: more than 50% responsible means no recovery; at 50% or less your damages are cut by your percentage (§ 33.012).
45 of 51 jurisdictions would let you recover something at 30% fault (South Dakota’s “slight” test is counted as uncertain).
Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012(a) · Texas Legislature, Civil Practice and Remedies Code §§ 33.001, 33.012
Key facts
- Modified rule, 51% bar
- 26 jurisdictions
- Modified rule, 50% bar
- 10 jurisdictions
- Pure comparative fault
- 9 jurisdictions
- Contributory negligence
- 5 jurisdictions
- Slight versus gross negligence
- 1 (South Dakota)
How to use the explainer#
Move the slider to the share of fault you think an insurer or a jury might assign to you, then choose your state. The result shows:
- Whether you can recover at all at that share of fault under your state's rule.
- The share of your proven damages you could still claim, before any other limits such as insurance policy limits.
- How the five rule families compare at the same share of fault, so you can see where they split.
- A curve for your state, from 0% to 100% fault, with your chosen share marked.
The address in your browser updates as you go, so you can copy a link to a result. Without JavaScript, the form still works: choose the values and press the button.
The five fault rules#
| Rule | How it works | Where it applies |
|---|---|---|
| Pure comparative fault | You recover your damages minus your share of fault, even at 90% fault | 9 jurisdictions, including California, New Mexico and Washington |
| Modified, 51% bar | You recover, minus your share, as long as you were 50% or less at fault | 26 jurisdictions, including Texas, Pennsylvania and Illinois |
| Modified, 50% bar | You recover, minus your share, only if you were less at fault than the other side (49% or less) | 10 jurisdictions, including Georgia, Colorado and Tennessee |
| Contributory negligence | Any fault of your own can bar recovery, with narrow exceptions | Alabama, Maryland, North Carolina, Virginia and Washington, DC |
| Slight versus gross | You recover only if your negligence was slight compared with the other side's | South Dakota |
The difference between a 50% and a 51% bar matters most in the hardest cases: when a jury splits the blame evenly, a driver in a 51%-bar state such as Texas still recovers half of their damages, while a driver in a 50%-bar state such as Georgia recovers nothing.
Worked examples#
These use round numbers to show the rules. Real claims are messier.
State twists worth knowing#
Several states have details the five families do not capture. The explainer shows them under the result for your state:
- Michigan: If you are more than 50% at fault you lose pain-and-suffering (non-economic) damages, but can still recover economic losses reduced by your share of fault.
- New York: Since May 26, 2026, a car-crash injury plaintiff more at fault than the defendant(s) recovers nothing; wrongful death and property damage claims stay pure comparative, and suits filed before that date follow the old pure rule.
- Louisiana: Since January 1, 2026 you recover nothing if you are 51% or more at fault; before then Louisiana used pure comparative fault, and accidents before 2026 may still follow the old rule.
- Arizona: The defendant can be found not liable if the injured person was under the influence of alcohol or drugs and, as a result, at least 50% responsible (A.R.S. § 12-711).
- Washington, DC: A pedestrian, cyclist or other 'vulnerable user' (as defined in D.C. Code § 50-2204.51) hit by a motor vehicle is barred only if their own negligence was a proximate cause and greater than all defendants' combined negligence.
What this tool does not do#
It does not value your claim, predict a jury's percentage or account for insurance policy limits, liens, multiple defendants or claims against government bodies. Those can change the outcome as much as the fault rule does. For a specific case, talk to a licensed attorney in your state.
Questions people ask
What does a 51% bar mean?
It means you can recover damages, reduced by your share of fault, as long as you were not more at fault than the other side. At 51% or more, you recover nothing. Texas, Pennsylvania and Illinois are among the 26 jurisdictions that use it.
What is the difference between comparative and contributory negligence?
Comparative negligence reduces your recovery by your share of fault. Contributory negligence, the older rule, can bar recovery completely for even a small share of fault. Only Alabama, Maryland, North Carolina, Virginia and Washington, DC still use contributory negligence for most car-crash claims.
Who decides my percentage of fault?
At first, the insurance adjusters, who negotiate over it. If the case goes to trial, the jury (or the judge in a bench trial) assigns the percentages based on the evidence.
Why does the tool not show dollar amounts?
Because no honest tool can value an injury claim from a few inputs. The share of damages you can recover is a matter of law; the size of those damages depends on evidence, treatment, insurance limits and negotiation.
Sources
- Texas Legislature, Civil Practice and Remedies Code chapter 33 — the Texas 51% bar
- Michigan Legislature, MCL 600.2959 — as of October 2026
- New York State Senate, CPLR 1411 — as of October 2026
- Louisiana State Legislature, Civil Code art. 2323 — as of October 2026
- Arizona Legislature, Arizona Revised Statutes § 12-711 — as of October 2026
- Council of the District of Columbia, D.C. Code § 50-2204.52 — as of October 2026
- Texas Legislature, Civil Practice and Remedies Code § 16.003(a) — as of October 2026
- Texas Legislature, Civil Practice and Remedies Code § 33.001 — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
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