The more common modified comparative threshold
Among the US states that use some form of modified comparative negligence, a majority use the more forgiving 51% threshold — recovery is barred only once the claimant's fault actually exceeds the defendant's. A smaller group of 12 states uses a stricter 50% version instead, where recovery is barred at fault merely equal to the other side's.
The 21 states using a 51% bar
New Jersey's peer group under this more common threshold is: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana (for accidents from 2026 onward), Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.
A shared threshold with a close neighbor
New Jersey's neighbor Pennsylvania also uses the 51% bar, making this specific threshold a shared rule across that state line — even as each state's own surrounding details, like joint-liability triggers or notice requirements, can genuinely differ.
A genuinely distinctive application within this shared group
Here's the detail that sets New Jersey apart from most of this list. Under NJSA 2A:15-5.3, New Jersey requires a defendant to reach 60% fault, not merely 50%, before facing joint and several liability for the full damage award. Most of the other 20 states in this group set that secondary liability threshold lower, meaning New Jersey defendants generally enjoy more room before taking on that fuller exposure.
Why this matters in a disputed claim
Because none of these 21 states bars recovery at an even 50/50 split, a disputed fault percentage near the midpoint still results in meaningful recovery across the group — and in New Jersey specifically, the separate 60% joint-liability question adds a further layer worth tracking when multiple defendants are involved. See our full comparison of how New Jersey's rule fits among all four fault systems for the complete picture.