Alaska's Comparative Negligence Rule, Explained

Reviewed by Mark Choate, J.D. · Updated August 2026

Quick answer

Alaska follows pure comparative negligence (AS 09.17.060): if you were partly at fault for your own injury, your compensation is reduced by your percentage of fault — but never eliminated. Even a person found 90% at fault can still recover the remaining 10% of their damages. Alaska is also an at-fault state, not a no-fault state — the person who caused the harm (and their insurer) pays. Fault percentages are decided by the jury or judge (AS 09.17.080), and because every percentage point directly changes the amount you recover, how fault is investigated and argued is often worth more than any other part of an Alaska injury case. Choate Law Firm has tried these arguments to Alaska juries since 1980. Free consultation: (907) 586-4490.

What "pure comparative negligence" means

Alaska Statute AS 09.17.060 directs that contributory fault "diminishes proportionately the amount awarded as compensatory damages" — it does not bar recovery. This is the pure form of comparative fault. Many states use a "modified" rule that cuts off recovery entirely at 50% or 51% fault. Alaska has no such cutoff: your damages are simply reduced by your share, whatever it is.

A plain example. Suppose a jury finds your total damages are $500,000, and finds you 20% at fault — say you were speeding slightly when a drunk driver crossed the center line. Your award is reduced by 20% to $400,000. If the jury instead found you 60% at fault, you would still recover $200,000 — in a modified-comparative state you would get nothing.

Is Alaska a no-fault state?

No. "No-fault" states make each driver's own insurance pay regardless of blame (PIP systems). Alaska never adopted that model. Alaska is a tort (at-fault) state: the negligent party is liable, you claim against their insurer, and you keep the right to sue them in court. That's also why fault percentages matter so much here — they set the number.

How fault percentages actually get decided

Fault is allocated by the fact-finder — the jury, in a trial — among everyone involved (AS 09.17.080). The jury hears the evidence and assigns each party a percentage, including the injured person. Alaska also uses several liability (AS 09.17.080(d)): each defendant generally pays only their own percentage of the damages, not the whole judgment. That means identifying every responsible party early is critical — a defendant who isn't in the case is a share of your damages no one pays.

Long before trial, the same percentages are the currency of settlement negotiation. Insurance adjusters argue fault up; your lawyer argues it down with evidence: scene photographs, vehicle data, witness statements, reconstruction experts. In practice, most Alaska injury claims settle at a number that reflects both sides' prediction of what a jury would do with the fault question.

How insurers use comparative fault against you

The adjuster's favorite tool in Alaska is not denying your claim — it's inflating your percentage. Common moves: getting a recorded statement in the first days and mining it for admissions ("I only looked left for a second"); pointing to seatbelt use, speed, or footwear; and arguing the injured person "should have seen it coming." Every point they add to your share is money off the settlement. This is why we tell every caller: report the facts, decline the recorded statement, and let the evidence — not an early phone call — set the percentages.

Comparative fault in different Alaska case types

Car and truck crashes: the most common battleground — lane position, speed, visibility, road conditions. See auto accidents and truck accidents.

Slip/trip and fall: property owners argue you weren't watching your step; the condition of the surface, lighting, and warnings decide it. See premises liability.

Maritime injuries: federal maritime law applies its own pure comparative fault rule — a seaman's share reduces but never bars recovery. See maritime & Jones Act.

Wrongful death: the deceased person's own fault, if any, proportionately reduces what the estate recovers. See wrongful death.

Frequently asked questions

What is Alaska's comparative negligence rule? Pure comparative negligence under AS 09.17.060: your recovery is reduced by your percentage of fault, no matter how high, and never barred entirely.

Can I recover if the accident was mostly my fault? Yes. Even at 70% or 80% fault you can recover the remaining share of your damages. Whether the case is economically worth pursuing depends on the numbers — a free consultation answers that quickly.

Who decides the percentages? The jury (or judge in a bench trial) under AS 09.17.080. Before trial, the percentages are negotiated between the lawyers and insurers based on the evidence.

Does my seatbelt matter? It can be argued as comparative fault on damages. It does not bar your claim.

Is comparative negligence the same as contributory negligence? No. Old-style contributory negligence barred any recovery if you were even 1% at fault. Alaska abolished that approach — fault now only reduces recovery proportionately.

What about punitive damages? Comparative fault reduces compensatory damages. Punitive damages, where available for reckless conduct, follow their own rules (AS 09.17.020).

Sources

Alaska Stat. § 09.17.060 (contributory fault): https://www.akleg.gov/basis/statutes.asp#09.17.060
Alaska Stat. § 09.17.080 (apportionment of damages): https://www.akleg.gov/basis/statutes.asp#09.17.080
Alaska Stat. § 09.17.020 (punitive damages): https://www.akleg.gov/basis/statutes.asp#09.17.020

Disclaimer

This page is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on the specific facts of each case. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).