Pure vs. Modified Comparative Negligence: Key Differences Explained

You’re driving home when another car runs a stop sign and crashes into you. But your headlights weren’t on. Who’s at fault?

Comparative negligence determines how blame is shared in accidents and how it affects compensation.

Some states allow recovery no matter your percentage of fault, while others bar compensation if you’re too much at fault. Florida recently switched to a stricter system, while Georgia follows its own version.

At The Leach Firm, P.A., we’ve helped car accident victims in both states fight for fair compensation. Understanding these laws can be critical—let’s break it down.

What is Pure Comparative Negligence?

Pure comparative negligence is a system that allows you to recover damages even if you’re mostly at fault for an accident.

No matter how high your percentage of blame is, you can still seek compensation—though the amount you receive will be reduced based on your level of fault.

Here’s how it works:

• If you’re 30% at fault for an accident and your damages total $10,000, your compensation would be reduced by 30%, leaving you with $7,000.
• If you’re 80% at fault, you can still recover damages, but you’d only get 20% of what you would have received if you weren’t at fault at all.

This system is used in a handful of states, including California and New York, but it’s no longer in place in Florida.

Some states take an even harsher approach to contributory negligence. If you’re even 1% at fault, you get nothing. Florida and Georgia don’t use this system, but it’s important to know the difference.

What is Modified Comparative Negligence?

Modified comparative negligence works similarly to the pure version but with a limit—often called the bar rule. If your fault reaches or exceeds a certain percentage, you lose the right to recover damages entirely.

There are two common versions:

• 50% Bar Rule: You can recover damages only if you’re less than 50% at fault.
• 51% Bar Rule: You can recover damages only if you’re less than 51% at fault.

Here’s how it works:

• If you’re 49% at fault under a 50% bar rule, you can still recover 51% of your damages.
• If you’re 50% at fault, you get nothing under a 50% bar rule but can still recover damages in a state that follows the 51% bar rule. If you’re 51% or more at fault, you cannot recover damages under either rule.

Both Florida and Georgia use versions of this system—but with some key differences.

Comparative Negligence in Florida

Florida recently changed how fault is determined in personal injury cases.

Until March 2023, the state followed pure comparative negligence, which allowed injured parties to recover damages even if they were mostly at fault. That changed when House Bill 837 introduced a modified comparative negligence system with a 50% bar rule.

Under Fla. Stat. § 768.81, you can only recover compensation if you are 50% or less at fault. If you are more than 50% responsible, you lose the right to seek damages from the other party.

This change significantly impacts injury claims in Florida, including:

• Car Accidents: If two drivers share blame for a crash, the one found more than 50% at fault cannot recover damages even if they suffered serious injuries.
• Slip and Fall Accidents: If a store argues that a customer was more than 50% responsible for their fall (e.g., distracted walking), the injured person may get nothing.

With this stricter rule, some injury victims who previously had a case may no longer qualify for compensation. The law favors insurance companies and businesses, making it more difficult for plaintiffs to win claims.

While most personal injury cases now fall under the modified comparative negligence system, medical malpractice cases still operate under pure comparative negligence.

This means a patient can recover damages even if they were mostly at fault for their injury.

Comparative Negligence in Georgia

Georgia also follows a modified comparative negligence system, which means that an injured party can recover damages only if they are less than 50% at fault for an accident.

This is known as the 50% bar rule and is outlined in Ga. Code Ann. § 51-12-33.

If you’re found to be less than 50% at fault, you can recover damages, but your compensation is reduced by your percentage of fault. However, if you are 50% or more responsible, you are barred from recovering any compensation.

How Fault is Determined in Comparative Negligence Cases

Proving fault in an accident isn’t always straightforward. Whether it’s a car crash, slip-and-fall, or workplace injury, multiple factors help determine who is responsible and by how much.

In comparative negligence cases, the percentage of fault assigned to each party directly affects the amount of compensation they can recover.

Evidence Used to Determine Fault

Insurance companies, attorneys, and courts rely on various forms of evidence to establish fault, including:

• Police Reports – Officers document details of the accident, issue citations, and provide an official assessment of what happened.
• Witness Statements – Third-party accounts can help clarify how an accident occurred and support or contradict other evidence.
• Accident Reconstruction – Professionals analyze skid marks, vehicle damage, and impact points to determine how an accident unfolded.
• Photos & Videos – Dashcam footage, security camera recordings, and smartphone photos help establish liability.
• Medical Reports – Injuries consistent with the accident can support claims about how events occurred.

Insurance adjusters review evidence and determine an initial fault percentage, but they often try to minimize payouts by assigning more blame to the injured party.

If a case goes to trial, a jury ultimately decides on fault percentages based on all presented evidence.

Injured in Florida or Georgia? Call The Leach Firm, P.A.

If you’ve been injured in Florida or Georgia, understanding comparative negligence is crucial—especially given Florida’s recent shift to a stricter system.

Even if you share some fault, you may still be entitled to compensation, but insurance companies often try to minimize payouts, making legal representation essential.

At The Leach Firm, P.A., we have years of experience handling personal injury cases in both states.

Our team knows how to fight for your rights and maximize your compensation. Don’t risk losing what you deserve. Call 844-722-7567 today for a consultation.