What Is Pure Comparative Negligence?

Under pure comparative negligence, an injured party can recover compensation even if they were mostly at fault for the accident — their damages are simply reduced by their percentage of fault. For example, if you were 70% at fault and your damages are $100,000, you could recover $30,000.

States That Use Pure Comparative Negligence

States using pure comparative negligence include California, New York, Florida, Louisiana, Mississippi, Alaska, Arizona, Kentucky, Missouri, New Mexico, and Washington, among others. Each state has its own specific application rules.

How Fault Is Apportioned

Fault is determined through investigation, negotiation, or at trial. Insurance adjusters assign percentages of fault in negotiations. In litigation, the jury assigns fault percentages and the court reduces the damage award accordingly. Multiple defendants can also have fault apportioned among them.

Why This Matters for Your Claim

In pure comparative negligence states, even a substantially at-fault plaintiff can recover something. However, insurance companies may argue for a higher fault percentage to minimize their payout. An attorney can advocate for a fair fault apportionment based on the evidence.

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