Delaware Modified Comparative Negligence Calculator

Delaware only cuts you off once your fault actually exceeds the other driver's — a 50-50 split still pays half. See exactly where the 51% line falls for your claim.

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Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Delaware, exactly where you land relative to 50% and 51% changes everything.

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Delaware's rule: barred only when you exceed the defendant

Under 10 Del. C. § 8132, contributory negligence does not bar recovery in a negligence action as long as the claimant's negligence was not greater than the defendant's. Damages are diminished in proportion to the claimant's own degree of fault — but only once that fault actually exceeds 50%, reaching 51%, does recovery get barred entirely.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Delaware's rule, because 50% is not greater than the defendant's 50%. A claimant found 51% at fault recovers nothing at all. This precise phrasing is what makes Delaware a genuine "51% rule" state, more forgiving than the smaller group of states that bar recovery at fault merely equal to the defendant's.

Worked example

Someone with $100,000 in damages, found 30% at fault, recovers $70,000 — reduced by their own share, since 30% is less than the defendant's 70%. That same person, found 51% at fault instead, recovers nothing at all, even though their share of responsibility only shifted by a single percentage point past the midpoint.

Who decides the percentage

The trier of fact — typically a jury, where a case reaches trial — compares the negligence of the claimant against the negligence of the defendant. In the far more common scenario of a negotiated settlement, this same comparison is effectively worked out between the parties based on the available evidence.

Why the fight over fault stays intense near the 50/51 line

Because the practical difference between a 50/50 finding and a 51/49 finding is the difference between a substantial recovery and zero, insurers have a real, concentrated incentive to argue a claimant's fault upward toward that exact threshold. See our guide to how adjusters build a fault argument in Delaware for what that negotiation actually looks like.

Delaware comparative negligence — frequently asked questions

Does Delaware use a 50% or 51% bar for comparative negligence?

A 51% bar. Under 10 Del. C. § 8132, a claimant recovers as long as their negligence was not greater than the defendant's — so fault of exactly 50% still allows recovery.

What happens if I'm found 51% at fault in Delaware?

You recover nothing. Delaware bars recovery once the claimant's negligence is greater than the defendant's — 51% crosses that line.

What happens if I'm found exactly 50% at fault in Delaware?

You can still recover half your damages. Because Delaware's bar applies only when your fault is greater than the defendant's, a 50-50 split still allows a reduced recovery.

How does Delaware's comparative negligence statute actually reduce damages?

Damages are diminished in proportion to the amount of negligence attributed to the claimant, as long as that negligence is not greater than the defendant's.

Who decides the fault percentages in a Delaware claim?

The trier of fact, typically a jury, compares the negligence of the claimant against the negligence of the defendant.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Delaware statute (10 Del. C. § 8132) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Delaware attorney before acting.