Quick answer: In most states, being partly at fault reduces your compensation by your percentage of fault rather than ending your claim: if you are found 20% responsible for $100,000 in damages, you can generally recover $80,000. But many states cut you off once your share reaches 50% or 51%, and a few bar you if you were even 1% at fault. In a lawsuit a judge or jury assigns the percentages; before that, they are part of the negotiation.
On this page:
- Fault usually reduces, not erases
- Who decides your percentage
- When your share bars the claim
- When several people share the blame
- What to do if fault is disputed
- Next steps
Fault usually reduces, not erases
Comparative negligence is the principle courts use to reduce the damages a plaintiff can recover according to the degree of negligence each party contributed. The Legal Information Institute's example: if the court assigns 60% of the fault to the defendant and 40% to the plaintiff, the plaintiff may recover only 60% of the damages. The Institute says the modified version of the rule, which adds a cutoff, is followed by the majority of states, and almost one-third of states use pure comparative negligence, which never bars a claim. The four systems are compared in comparative vs. contributory negligence, and the Comparative/Contributory Negligence Calculator applies your state's actual rule.
Who decides your percentage
In a lawsuit, the fact finder decides. Texas shows how it works in statute form. The trier of fact determines the percentage of responsibility, stated in whole numbers, for each claimant, each defendant, each settling person and each designated responsible third party. The court then reduces the damages by the claimant's percentage of responsibility, and further by the amounts of any settlements.
Before a lawsuit, nobody formally assigns a percentage. Fault is one of the things the two sides argue about when they negotiate, which is why it can move the number as much as the injury itself. See how a settlement is calculated for where the fault adjustment fits in the sequence.
When your share bars the claim
Where a cutoff applies, crossing it means recovering nothing. In Texas, a claimant may not recover damages if his or her percentage of responsibility is greater than 50 percent, so a person found 55% at fault gets nothing, while a person found 50% at fault recovers half. Other states use a 50 percent bar, and in contributory negligence jurisdictions a plaintiff who is at all negligent cannot recover. Because a few percentage points can decide everything near a cutoff, the exact share matters.
When several people share the blame
If more than one person caused the harm, the rules about who pays what differ by state. In Texas, a liable defendant is liable only for the percentage of damages equal to its own percentage of responsibility, except that a defendant whose share is greater than 50 percent is also jointly and severally liable. In Utah, a claimant may recover only from defendants whose fault exceeds the claimant's own. Know who might share the blame before you decide whom to claim against.
What to do if fault is disputed
- Keep the evidence about what each person did. Fault percentages come from what the evidence shows, so records, photos and witness details matter.
- Read any release before you sign. A release ends your right to claim more for the accident, so understand it first; see whether to accept the first settlement offer.
- Estimate with your state's rule. The Settlement Value Calculator includes your state's fault rules in the estimate.
- Know that no-fault states are different. The No-Fault / PIP Threshold Calculator explains how benefits and the right to sue work there.
Next steps
If you may share the blame, find out your state's rule first, then estimate what you could recover. The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed attorney in your state.