Can You Still Recover If the Car Accident Was Partly Your Fault? Comparative Negligence in Tennessee, Mississippi, Arkansas, Texas, Kentucky and Georgia
Reviewed by Larry “Jimmy” Peters, Attorney · Updated September 2026
What is comparative negligence?
Comparative negligence (also called comparative fault) is the rule courts use when more than one person contributed to a crash. Instead of asking “who caused it,” the jury assigns each party a percentage of fault that adds up to 100. Your damages are then reduced by your own percentage. If a jury decides your losses total $100,000 and you were 20 percent at fault, you recover $80,000.
Every one of the six states Southern Injury Attorneys practices in uses some version of this rule. The difference — and it is a big one — is what happens when your share of fault gets close to half.
Which states use pure comparative fault and which use a 50 percent bar?
There are three versions of the rule in our region:
Pura falla comparativa. You can recover no matter how much of the crash was your fault; the award is simply reduced by your percentage. A driver found 70 percent at fault still recovers 30 percent of their damages. Mississippi (Miss. Code Ann. § 11-7-15) and Kentucky (KRS 411.182) follow this rule.
Modified comparative fault, 50 percent bar. You recover only if your fault is menos que 50 percent. At exactly 50 percent, you recover nothing. Tennessee (adopted by the Tennessee Supreme Court in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)), Arkansas (Ark. Code Ann. § 16-64-122) and Georgia (O.C.G.A. § 51-12-33(g)) follow this rule.
Modified comparative fault, 51 percent bar. You recover unless your fault is greater than 50 percent. At exactly 50 percent you still recover half. Texas (Tex. Civ. Prac. & Rem. Code § 33.001) follows this rule, which it calls “proportionate responsibility.”
| Estado | Artículo | You recover nothing if you are… | Authority |
|---|---|---|---|
| Tennessee | Modified (50% bar) | 50% o más por defecto | McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) |
| Mississippi | Puro | Never barred (100% at fault = no damages) | Miss. Code Ann. § 11-7-15 |
| Arkansas | Modified (50% bar) | 50% o más por defecto | Ark. Code Ann. § 16-64-122 |
| Texas | Modified (51% bar) | More than 50% at fault | Tex. Civ. Prac. & Rem. Code § 33.001 |
| Kentucky | Puro | Never barred (100% at fault = no damages) | KRS 411.182 |
| Georgia | Modified (50% bar) | 50% o más por defecto | O.C.G.A. § 51-12-33(g) |
How much would you actually recover? A $100,000 example
Look at the 50 percent column. In Memphis, a driver assigned exactly half the blame walks away with nothing; the same driver in a crash across the state line in Southaven, Mississippi keeps $50,000. That is why insurers in 50-percent-bar states push so hard to get injured drivers to “just half” — and why we push back with evidence.
Who decides what percentage of fault is yours?
Before any lawsuit, the at-fault driver’s insurance adjuster does — and the adjuster works for the company that has to pay. Early fault estimates are built from the police report, recorded statements and photos, and they tend to drift in the insurer’s favor. A comment like “I guess I was going a little fast” on a recorded call can become “claimant admitted speeding, 40 percent comparative fault” in the file. Our guide on what not to say after an accident covers the statements that cause the most damage.
If the case is filed, the percentage is decided by a jury (or a judge in a bench trial) after hearing all of the evidence. That evidence is exactly what an early investigation preserves: the crash report and any diagram, 911 audio, dash-cam and traffic-camera video, event data recorder downloads, cell-phone records, witness statements, and where warranted an accident reconstruction. The police officer’s opinion about fault is not binding on anyone, but it carries weight with adjusters, which is one reason we review every crash report for errors as soon as it is available.
What kinds of conduct get blamed on the injured driver?
The arguments come up again and again: you were speeding, even slightly; you were on your phone; you did not brake soon enough; you were in the wrong lane or changed lanes without signaling; you rolled through a stop; you were not wearing a seat belt; on a motorcycle, you were not wearing a helmet; as a pedestrian, you were outside the crosswalk. Some of these are real fault arguments. Others are not, or are limited by statute — for instance, the rules on whether seat-belt non-use can be used to reduce damages vary by state and are narrower than insurers suggest. Each one has to be answered with facts, not conceded.
Does comparative fault also apply to truck accidents and motorcycle accidents?
Yes, and it is used aggressively in both. In trucking cases the carrier’s insurer will argue the car “cut off” the truck or lingered in a blind spot; the answer is usually in the truck’s electronic logging device, dash camera and engine data, which is why a preservation letter must go out immediately. In motorcycle cases, insurers lean on bias against riders — the assumption that the motorcyclist was speeding or weaving. Our accidente de camión y motorcycle accident pages explain how those defenses are met.
How does fault work when more than two people are involved?
The jury allocates fault among everyone, including drivers who are not part of the lawsuit in some states. Each state then has its own rule about whether a defendant pays only its own share (“several liability”) or can be made to pay the whole judgment (“joint and several liability”). Tennessee, for example, generally holds each defendant to its own percentage under Tenn. Code Ann. § 29-11-107, with narrow exceptions. Texas holds a defendant jointly liable only if its share exceeds 50 percent. These rules decide who actually writes the check, so identifying every responsible party — a second driver, a trucking company, a bar that overserved a drunk driver, a government entity that failed to maintain a road — is a core part of building the case.
Does being partly at fault affect my own insurance claims?
Uninsured and underinsured motorist (UM/UIM) coverage generally follows the same comparative-fault rules, so a 30 percent fault finding reduces a UM claim by 30 percent. Medical-payments (MedPay) coverage and Kentucky no-fault PIP benefits are paid regardless of fault. And in Arkansas, first-party medical benefits of at least $5,000 are available under most auto policies without regard to fault. Our page on uninsured motorist claims explains how these coverages stack.
What should you do if you think the crash was partly your fault?
Do not say so — to the other driver, the police, or any insurance adjuster. You are not qualified to allocate fault at the roadside, you do not yet know what the other driver did, and an apology will be treated as an admission. Report the facts, get medical care, photograph everything, identify witnesses, and get the crash report. Then talk to a lawyer before you give any recorded statement. The fault percentage is negotiable in every case, and in Tennessee, Arkansas and Georgia it can be the difference between a full recovery and nothing.
Southern Injury Attorneys handles comparative-fault disputes across all six states. The consultation is free and there is no fee unless we win. Call 901-300-5001 or start a free case review online.
Preguntas frecuentes
Can I recover if I was 50 percent at fault?
In Mississippi, Kentucky and Texas, yes — you recover 50 percent of your damages. In Tennessee, Arkansas and Georgia, no — 50 percent fault bars recovery entirely.
Can I recover if I was more than half at fault?
Only in the pure comparative fault states, Mississippi and Kentucky, where your award is reduced by your percentage but never eliminated unless you were 100 percent at fault.
Is Tennessee a 50 percent or 51 percent state?
Tennessee uses a 50 percent bar. Under McIntyre v. Balentine, you recover only if your fault is less than 50 percent.
What is the comparative negligence rule in Texas?
Texas uses a 51 percent bar under its proportionate-responsibility statute. You are barred only if your percentage of responsibility is greater than 50 percent.
Does the police report decide who was at fault?
No. The officer’s opinion is evidence adjusters rely on, but fault is ultimately decided by the insurer in negotiation or by a jury at trial, and crash reports can be challenged and corrected.
Will the insurance company tell me my percentage of fault?
Usually only as a reason to reduce an offer. The number is the adjuster’s position, not a finding, and it can be disputed with evidence.
Does comparative fault apply to pedestrians and cyclists?
Yes. Insurers commonly argue a pedestrian was outside a crosswalk or a cyclist was not visible. The same percentage rules and the same state thresholds apply.
This article is legal information, not legal advice, and does not create an attorney-client relationship. Comparative-fault rules, joint-liability rules and evidentiary limits differ by state and depend on the facts of each case. The dollar examples are illustrations, not predictions. Prior results do not guarantee a similar outcome. Southern Injury Attorneys is licensed in Tennessee, Mississippi, Arkansas, Texas, Kentucky, and Georgia, with offices in Memphis, Houston, Dallas, and Atlanta. Responsible attorney: Larry “Jimmy” Peters, Tennessee BPR #37889.
