What If the Accident Was Partly My Fault? Understanding New York's Comparative Negligence Law

One of the most common questions we hear after an accident is, "Can I still recover compensation if the accident was partly my fault?"

In New York, the answer is often yes.

Many people assume that if they made a mistake or share some responsibility for an accident, they can't recover compensation. Fortunately, that's not how New York law works. Under the state's pure comparative negligence rule, you may still have a valid personal injury claim even if you were partially at fault.

What Is Comparative Negligence?

New York follows a legal doctrine called pure comparative negligence, found in New York Civil Practice Law and Rules (CPLR) § 1411.

This law allows injured individuals to recover compensation even if they were partly responsible for an accident. However, any compensation awarded is reduced by the percentage of fault assigned to them.

Example

Imagine your total damages are $100,000, and a jury finds:

• The other driver was 80% at fault

• You were 20% at fault

Instead of recovering the full $100,000, you would receive $80,000.

Even if you were found 60% at fault, you could still recover 40% of your damages. Unlike many other states, New York does not prevent recovery simply because you were more than 50% responsible.

When Does Shared Fault Happen?

Comparative negligence can apply to many different types of accidents, including:

• Car accidents

• Motorcycle and truck accidents

• Bicycle and pedestrian accidents

• Slip-and-fall cases

• Construction accidents

• Premises liability claims

For example, a driver may have been speeding while another driver failed to yield, or a property owner may have failed to remove ice while the injured person wasn't paying full attention. In many cases, more than one party shares responsibility.

Who Determines Fault?

Insurance companies will often assign fault during their investigation, but their decision isn't final.

If your case proceeds to court, a judge or jury will review the evidence and determine each party's percentage of responsibility.

Important evidence may include:

• Police reports

• Witness statements

• Photos and videos

• Surveillance or dashcam footage

• Medical records

• Accident reconstruction expert

The stronger the evidence, the better your chances of challenging an unfair fault determination.

Don't Assume You Don't Have a Case

Insurance companies often try to place as much blame as possible on injured victims because every percentage of fault they assign can reduce what they have to pay. 

Even if you believe you made a mistake, you should never assume you don't have a claim. An experienced personal injury attorney can investigate the accident, gather evidence, and protect your rights.

What Should You Do After an Accident?

If you've been injured:

• Seek medical attention immediately.

• Report the accident if appropriate.

• Take photos of the scene and your injuries.

• Collect witness information.

• Avoid admitting fault.

• Speak with an attorney before giving a recorded statement to an insurance company.

Taking these steps can help preserve important evidence and strengthen your claim.

Collins & Collins Is Here to Help

If you've been injured in a car accident, construction accident, slip-and-fall, or another personal injury incident, don't assume being partially at fault means you can't recover compensation.

At Collins & Collins Attorneys, we've proudly represented injured New Yorkers for more than 75 years. We'll investigate your case, explain your rights under New York law, and fight for the compensation you deserve.

Contact Collins & Collins today for a free consultation. There is no fee unless we recover compensation for you.