# Modified comparative fault

> Modified comparative fault cuts your damages by your share of blame and bars recovery once you reach your state's 50% or 51% bar. See how it works.

Canonical page: https://accidentclaimfacts.com/glossary/modified-comparative-fault/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Modified comparative fault is a version of comparative negligence with a cut-off. Your damages are reduced by your share of the blame, and once your share reaches the state's bar, 50% or 51%, you recover nothing.

## In a car accident claim

It is the most common fault rule in the US, in two versions:

| Version | You recover nothing at | Where it applies |
|---|---|---|
| 51% bar | 51% or more of the blame | 26 jurisdictions, including Texas, Illinois and Pennsylvania |
| 50% bar | 50% or more of the blame | 10 jurisdictions, including Georgia and Colorado |

The two differ only when blame is split evenly. Insurers apply the same rule when they negotiate, so small facts about who did what can move a claim across the line. Some states add twists. Michigan's version: If you are more than 50% at fault you lose pain-and-suffering (non-economic) damages, but can still recover economic losses reduced by your share of fault.

The other systems are pure comparative fault, which has no cut-off, and contributory negligence, which can bar a claim for any fault at all. The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/) shows what each percentage means in your state, and the [state guides](https://accidentclaimfacts.com/location/) list each state's rule.

## Example

> **Example:** Two drivers collide at an intersection, and a jury finds them equally to blame. In a 51%-bar state such as Texas, the injured driver recovers half of their proven damages. In a 50%-bar state such as Georgia, the same driver recovers nothing.

## Related terms

- [Comparative negligence](https://accidentclaimfacts.com/glossary/comparative-negligence/)
- [Pure comparative fault](https://accidentclaimfacts.com/glossary/pure-comparative-fault/)
- [Proportionate responsibility](https://accidentclaimfacts.com/glossary/proportionate-responsibility/)

## FAQ

### What is the difference between the 50% and 51% rules?

Under a 50% bar you recover only if you were less at fault than the other side, 49% or less. Under a 51% bar you recover as long as you were 50% or less at fault.

### Is modified comparative fault the same as pure comparative fault?

No. Pure comparative fault has no cut-off, so you can recover a reduced amount even if you were mostly to blame. Modified comparative fault bars recovery once you reach the state's bar.

## Sources

- [Cornell LII Wex, Comparative negligence](https://www.law.cornell.edu/wex/comparative_negligence) — pure and modified rules, and the 50% and 51% bars
- [Texas Legislature, Civil Practice and Remedies Code chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) — Texas's 51% bar
- [Michigan Legislature, MCL 600.2959](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2959), checked October 29, 2026