Contributory Negligence Defined
Contributory negligence is a legal concept that limits or completely bars an injured person (the plaintiff) from receiving compensation if they are found to have contributed to the accident in any way, no matter how small or seemingly insignificant a role they may have played.
In other words, if you were even 1% at fault for your injuries, some states with strict contributory negligence rules say you can’t recover anything from the person who was 99% responsible. It’s a harsh standard, and, fortunately, most states do not follow the rule of contributory negligence.
States That Use Contributory Negligence
Most states have moved away from the strict contributory negligence rule because it’s widely considered unfair to victims. However, a handful of states still use it.
As of 2025, states that still follow contributory negligence include:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C.
If your injury occurred in one of these places, the contributory negligence rule could play a major role in your case, even if you were only slightly at fault.
How Contributory Negligence Works in Practice
Let’s say you’re involved in a car accident. Another driver runs a red light and hits you. But during the investigation, it’s discovered that you were going 5 mph over the speed limit. In a strict contributory negligence state, the at-fault driver’s insurance company might argue that your speeding contributed to the crash even though their client ran a red light. If a judge or jury agrees that you bear any responsibility, you could be barred from recovering damages entirely.
That’s why contributory negligence is such a powerful tool for insurance companies and defense lawyers. It gives them an incentive to shift even the smallest amount of blame onto the victim, as this allows them to avoid paying claims. Remember: the goal of any insurance company is not to help victims but to protect their bottom line. Contributory negligence gives them a tool to achieve this.
Comparative vs. Contributory Negligence
It’s important to understand the difference between contributory negligence and comparative negligence, because the rule that applies will depend on where the accident happened, i.e., in which state the incident occurred.
With comparative negligence, the injured party can still seek damages if they were partly at fault for the incident that caused their injuries. How this works depends on the specific type of comparative negligence followed.
There are two main types of comparative negligence:
- Pure Comparative Negligence: With pure comparative negligence, you can recover damages no matter your percentage of fault. Your compensation is reduced based on your percentage of fault. For example, if you’re found to be 80% at fault and you are awarded $100,000 in damages, you’d receive $20,000.
- Modified Comparative Negligence: With modified comparative negligence, you can only recover damages if your degree of fault is less than a certain threshold, usually 50% or 51%. For example, if you’re 49% at fault, you can recover 51% of your damages. But if you're found to be 50% or more at fault, you recover nothing.
Texas uses the 51% modified comparative negligence rule. This means you can recover compensation for your injury-related damages in a Texas personal injury claim as long as you're not more than 50% at fault.
Why Insurance Companies Rely on Contributory Negligence
In states that use contributory negligence, insurance companies aggressively look for ways to shift blame, even if it’s only by a small margin. Their goal is simple: If they can convince a court that you were even 1% responsible, they may avoid paying you anything at all. That’s why having strong legal representation is critical.
At Arnold & Itkin, we know the tactics insurers use, and we know how to push back. We gather evidence, bring in experts, and build powerful arguments to protect our clients from being unfairly blamed.
How an Experienced Personal Injury Lawyer Can Help
When contributory negligence is on the table, your attorney must do more than prove the other party was negligent; they also have to defend you against claims that you were negligent. That requires deep legal knowledge, thorough investigation, and a relentless commitment to your best interests.
Here’s how we approach these cases:
- We investigate thoroughly. From accident scene photos to witness interviews and expert analysis, we leave no stone unturned.
- We challenge unfair blame. We know how to expose weak or exaggerated arguments about contributory negligence.
- We prepare for trial. If the other side refuses to negotiate fairly, we’re ready to go to court—and we know what it takes to win.
Our team has recovered billions of dollars for clients who were told they didn’t have a case. When everything’s on the line, we fight harder, dig deeper, and never back down. With our personal injury lawyers on your side, you can trust that you have a team that will advocate tirelessly for you every step of the way.
Don’t Let the Blame Game Cost You Everything
If you’re being told you were partly at fault for your injury—or if you’re just unsure what your rights are—we want to hear your story. You shouldn’t have to suffer because of a technicality or legal loophole designed to protect big insurance companies and other at-fault parties.
At Arnold & Itkin, we believe in holding negligent parties accountable. We believe that people deserve answers when their lives have been turned upside down by someone else’s negligence. Contributory negligence should never be used to deny someone the justice they deserve.
Have questions about contributory negligence or your case? Contact us today at (888) 493-1629 for a free consultation. When you’ve been hurt, we’re here to fight for what’s right—no matter what.
