"It was partly my fault" does not automatically end a claim. How much fault costs you depends entirely on which of four rules your state follows — and the difference can be your whole recovery.
The four rules, plainly
- Pure comparative negligence. Your recovery is reduced by your fault percentage, no matter how high. Even if you are 90% at fault, you can recover 10% of your damages.
- Modified comparative — 50% bar. You recover (reduced by your fault) only if you are less than 50% at fault. At 50% or more, you recover nothing.
- Modified comparative — 51% bar. The most common rule. You recover if you are 50% or less at fault; you are barred once you cross 51%.
- Pure contributory negligence. The harshest rule, surviving in only a handful of places (Alabama, Maryland, North Carolina, Virginia, and the District of Columbia). If you are even 1% at fault, you may recover nothing — though exceptions and doctrines like "last clear chance" can apply.
Why fault is fiercely contested in rail cases
Railroads and transit agencies know these rules, so their defense often focuses on shifting blame onto you — you crossed against a signal, you stood too close to the platform edge, you were distracted. Pushing your fault from 20% to 51% in a modified-bar state does not just shrink the claim; in a 51%-bar state it can erase it. That is why documenting the operator's negligence (signal failure, speed, crossing-maintenance lapses) matters so much — see how attorneys prove railroad negligence. Note that for railroad employees, FELA uses a more worker-friendly pure comparative standard with no bar at all.
Using the result
Plug the recoverable figure into the settlement estimator as your starting gross, then subtract fees and liens. Remember: the fault percentage is itself negotiated and litigated — an experienced attorney's main job here is keeping your number low.
