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Nebraska and the Dozen States With a 50% Fault Bar

A smaller, stricter group nationally — and Nebraska's own neighbors split right down the middle on which version they use.

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

The less common, stricter modified threshold

Among the US states that use some form of modified comparative negligence, a minority use the stricter 50% threshold — recovery is barred once the claimant's fault merely equals the defendant's, not only once it exceeds it. A larger group of 20-plus states uses the more forgiving 51% version instead.

The roughly dozen states using a 50% bar

Nebraska's peer group under this stricter threshold is: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia.

A genuine split right at Nebraska's border

Nebraska's neighbor Iowa is a notable contrast to any assumption of regional uniformity: Iowa actually uses the more forgiving 51% bar, meaning a claimant found exactly 50% at fault recovers something driving in Iowa but nothing at all in otherwise similar circumstances just across the Missouri River in Nebraska.

Shared threshold, separate statutes

All of these states share the same core outcome — fault equal to or greater than the defendant's bars recovery — but each codifies this under its own statute, with its own precise wording and body of case law. Nebraska's version, Neb. Rev. Stat. § 25-21,185.09, is paired with the state's genuinely longer four-year general statute of limitations, a combination worth understanding together when evaluating any Nebraska claim.

Why this matters in a disputed claim

Because all 12 of these states bar recovery at an even 50/50 split, a disputed fault percentage that lands right at the midpoint results in zero recovery across this entire group — a real, practical difference from the larger group of 51%-bar states. See our full comparison of how Nebraska's rule fits among all four fault systems for the complete picture.

States with a 50% fault bar — frequently asked questions

Which states use a 50% bar for comparative fault?

Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia.

Is the 50% bar the more or less common modified comparative approach?

Less common. More than twice as many modified comparative states use the more forgiving 51% threshold instead.

Do all 50%-bar states apply the rule identically?

The core threshold is shared — fault equal to or greater than the defendant's bars recovery — but each state codifies it under its own statute, with its own wording and case law.

Is Nebraska's neighbor Iowa in the same group?

No. Iowa actually uses the more forgiving 51% bar instead, a genuine contrast right across the state line from Nebraska's stricter 50% rule.

Why does it matter that Nebraska is in this smaller group of states?

Because a claimant found exactly 50% at fault recovers nothing in these states, unlike in a 51%-bar state where that same even split still results in a real, meaningful payout.

More Nebraska negligence tools & guides

Nebraska Comparative Fault CalculatorSee where exactly 50% leaves you Pure vs. Modified Comparative FaultWhere Nebraska's 50% bar fits among all four systems How Adjusters Build a Fault ArgumentWhy the exact 50% line is worth fighting over

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Nebraska statute (Neb. Rev. Stat. § 25-21,185.09), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.