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Highest-Volume Truck Accident States
All 50 States
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Search or scroll to find your state's fault rule and statute of limitations.
Showing 50 of 50 states
Alabama
Contributory Negligence
2 yr SOL
Alaska
Pure Comparative
2 yr SOL
Arizona
Pure Comparative
2 yr SOL
Arkansas
Modified (50% Bar)
3 yr SOL
California
Pure Comparative
2 yr SOL
Colorado
Modified (50% Bar)
3 yr SOL
Connecticut
Modified (51% Bar)
2 yr SOL
Delaware
Modified (51% Bar)
2 yr SOL
Florida
Modified (51% Bar)
2 yr SOL
Georgia
Modified (50% Bar)
2 yr SOL
Hawaii
Pure Comparative
2 yr SOL
Idaho
Modified (50% Bar)
2 yr SOL
Illinois
Modified (51% Bar)
2 yr SOL
Indiana
Modified (51% Bar)
2 yr SOL
Iowa
Modified (51% Bar)
2 yr SOL
Kansas
Modified (50% Bar)
2 yr SOL
Kentucky
Pure Comparative
1 yr SOL
Louisiana
Pure Comparative
1 yr SOL
Maine
Modified (50% Bar)
6 yr SOL
Maryland
Contributory Negligence
3 yr SOL
Massachusetts
Modified (51% Bar)
3 yr SOL
Michigan
Modified (51% Bar)
3 yr SOL
Minnesota
Modified (50% Bar)
6 yr SOL
Mississippi
Pure Comparative
3 yr SOL
Missouri
Pure Comparative
5 yr SOL
Montana
Pure Comparative
3 yr SOL
Nebraska
Modified (50% Bar)
4 yr SOL
Nevada
Modified (51% Bar)
2 yr SOL
New Hampshire
Modified (51% Bar)
3 yr SOL
New Jersey
Modified (51% Bar)
2 yr SOL
New Mexico
Pure Comparative
3 yr SOL
New York
Pure Comparative
3 yr SOL
North Carolina
Contributory Negligence
3 yr SOL
North Dakota
Modified (50% Bar)
6 yr SOL
Ohio
Modified (51% Bar)
2 yr SOL
Oklahoma
Modified (50% Bar)
2 yr SOL
Oregon
Modified (51% Bar)
2 yr SOL
Pennsylvania
Modified (51% Bar)
2 yr SOL
Rhode Island
Pure Comparative
3 yr SOL
South Carolina
Modified (51% Bar)
3 yr SOL
South Dakota
Pure Comparative
3 yr SOL
Tennessee
Modified (50% Bar)
1 yr SOL
Texas
Modified (51% Bar)
2 yr SOL
Utah
Modified (50% Bar)
4 yr SOL
Vermont
Modified (51% Bar)
3 yr SOL
Virginia
Contributory Negligence
2 yr SOL
Washington
Pure Comparative
3 yr SOL
West Virginia
Modified (51% Bar)
2 yr SOL
Wisconsin
Modified (51% Bar)
3 yr SOL
Wyoming
Modified (51% Bar)
4 yr SOL
Fault Rule Quick Reference
Pure Comparative
You can recover even if you are mostly at fault. Your award is reduced by your percentage of fault.
13 states — CA, NY, WA, FL*, and others
Modified (51% Bar)
You cannot recover if you are 51% or more at fault. Below that threshold, damages are reduced proportionally.
33 states — TX, IL, PA, and others
Modified (50% Bar)
Recovery is barred if your fault equals or exceeds 50%. Damages reduced for lower fault percentages.
12 states — CO, GA, TN, and others
Contributory Negligence
Any fault on your part — even 1% — bars all recovery. Only 4 states still use this harsh rule.
4 states — AL, MD, NC, VA
Why It Matters
Why State Law Affects Your Settlement
The single biggest legal variable in a truck accident settlement is your state's fault rule. In a pure comparative fault state like California or New York, you can recover compensation even if you are found 80% at fault — your award is simply reduced by 80%. In a contributory negligence state like Alabama or Maryland, even 1% of fault on your part legally bars all recovery.
The majority of states — including Texas, Florida, and Illinois — use modified comparative fault with a 51% bar. This means you can recover if you are less than 51% at fault, but your damages are reduced proportionally. A $1,000,000 case where you are found 30% at fault yields $700,000 in a modified fault state, compared to $0 in a contributory negligence state.
Insurance adjusters are fully aware of these rules and use them aggressively when making initial settlement offers. Understanding your state's fault rule before you negotiate is one of the most important steps you can take to protect your claim.
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