Comparative vs. Pure Comparative Negligence

California lets you recover even if you were mostly at fault. Most states don't. Here's why the standard matters.

The amount of recovery available after an injury from an auto accident can vary state to state. Every state has its own negligence standard that comes into play to determine the amount of compensation, or whether there will be any compensation at all.

The two main standards that over 90% of the states share are Comparative Negligence and Pure Comparative Negligence. In California, a Pure Comparative Negligence standard applies when awarding damages to victims in auto accidents or other injury cases.

Pure Comparative Negligence

In a Pure Comparative Negligence jurisdiction, a defendant is only liable for the percentage of his or her fault. An injured person is allowed to recover regardless of how much at fault they are for causing the injury. The amount of their recovery is reduced based on the degree of fault they have in the accident.

For example, if you were 75% responsible for an auto accident, you will still be able to recover 25% of your ultimate damages award in a pure comparative negligence state. So if a jury determined that you have combined damages valued at $100,000 (medical bills, pain and suffering, lost wages, etc.), you will still be awarded $25,000 even though you were more at fault for the accident.

Only a few states use this more plaintiff-friendly standard. They are: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.

Comparative Negligence

In straight Comparative Negligence states (also known as Modified Comparative Negligence), you may only recover for your injuries if your percentage of fault does not exceed 49% or 50%, depending on the state. If you are found to be 50% or greater at fault (51% or greater in some states) for an accident, you will not get any compensation for your injuries.

So in the example above, if the auto accident occurred in a modified comparative negligence jurisdiction, you wouldn't be able to collect a dime.