Contributory negligence

Contributory negligence is the oldest and harshest rule for sharing fault in an accident case. Under it, if you contributed to your own injury in any way, even 1%, you cannot recover damages from the other party. Most states replaced it with comparative negligence, which reduces rather than eliminates recovery.

A handful of jurisdictions still follow it: Alabama, Maryland, North Carolina, Virginia and the District of Columbia. Example: another driver runs a red light and hits you, causing $40,000 in damages, but a jury finds you 5% at fault for speeding slightly. In a comparative negligence state you would recover $38,000; under contributory negligence, you could recover nothing. Courts in these places recognize some exceptions, such as the last clear chance doctrine, under which the other driver may still be liable if they had the final opportunity to avoid the crash.

For drivers in these jurisdictions, the rule raises the stakes of every fault dispute, and insurers may deny third-party claims by pointing to any mistake you made. Coverages that pay regardless of fault, such as collision and medical payments coverage, matter more. If an insurer cites contributory negligence to deny a serious claim, talk to a licensed attorney.