Many accident victims assume that if someone else caused their injury, they’re entitled to full compensation. However, if you contributed to the accident in any way, your recovery may be significantly reduced—or eliminated entirely—depending on your state’s comparative negligence laws.

Pure Comparative Negligence

Some states use “pure” comparative negligence, reducing your compensation by your percentage of fault. If you’re 30% responsible for an accident with $100,000 in damages, you recover $70,000. This applies even if you’re mostly at fault—at 90% responsibility, you still recover 10%.

Modified Comparative Negligence

Other states bar recovery if you’re 50% or 51% at fault (depending on the state). Under these rules, being equally or more responsible than the other party eliminates your right to compensation entirely, making fault allocation critically important.

What Counts as Contributory Fault

Common examples include texting while driving, not wearing a seatbelt, ignoring warning signs, or jaywalking. Even seemingly minor actions can reduce your recovery if they contributed to the accident or worsened your injuries.

Why Legal Representation Matters

Insurance companies actively search for ways to blame accident victims and reduce their liability. Experienced attorneys know how to counter these tactics, present evidence favorable to your case, and minimize attributed fault to maximize your recovery under comparative negligence rules.