Rule Hub · DrivingUS requirements, state by state

Is Wyoming an At-Fault or No-Fault State?

No — Wyoming is an at-fault (tort) state, not a no-fault state.

Fault system
At-fault (tort)

The driver responsible for the crash, and that driver's liability insurer, pays. Wyoming has no personal injury protection, no no-fault benefits and no injury threshold to clear before suing.

Comparative negligence rule
Modified comparative — 51% bar

Section 1-1-109(b): contributory fault does not bar recovery if the claimant's share "is not more than fifty percent (50%) of the total fault of all actors", with damages reduced in proportion. A claimant found exactly 50% at fault still collects half; it takes 51% to lose everything. Two Wyoming particulars matter more than the headline number. The comparison is against every "actor" whose fault was a proximate cause, "whether or not the actor is a party to the litigation" (§ 1-1-109(a)(i)) — so an absent driver's share still counts against you. And § 1-1-109(e) makes each defendant "liable only to the extent of that defendant's proportion of the total fault": Wyoming abolished joint and several liability, so a defendant who cannot pay leaves that slice uncollected.

How Wyoming compares with every other state

What the fault rule decides

In an at-fault state the driver who caused the crash — through their liability insurer — pays for the harm. That is the arrangement in 38 of the 51 jurisdictions on this site, so it is the one most US advice assumes. The practical consequence is that your recovery depends on two things you do not control: how much liability cover the other driver bought, and what share of the blame you are assigned.

Modified comparative fault turns the case into a percentage. On a hypothetical $100,000 of damages — arithmetic, not a figure from Wyoming law — being 20% to blame leaves you $80,000, and being 40% to blame leaves you $60,000. Cross the line at 51% and the award is not reduced, it is gone. 24 of the 50 jurisdictions on this site draw the line in the same place, and the whole dispute after a serious crash tends to be about which side of it you land on.

Every statute cited for Wyoming

Why the rule looks like this

More on Wyoming

Checked against the primary sources above on September 30, 2026. If a figure here is wrong, tell us and we will fix it — what we have corrected so far is public.