If you’ve been in a car crash in New York and think you might have been partially at fault, you might assume that you’re not eligible to recover any compensation. Fortunately, that assumption is often incorrect. Unlike many other states, New York operates under a pure comparative negligence system—a legal system that allows injured individuals to recover damages even if they were partly responsible for the accident.

This article breaks down what that means, how comparative fault works in practice, and why having legal representation can make a significant difference in your ability to recover financially. Whether you were 10% or even 90% at fault for a car accident, you may still be entitled to some compensation under New York law.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to apportion fault and damages in personal injury cases, including car accidents. Instead of one party bearing 100% of the blame, this system allows courts and insurance companies to assign a percentage of fault to the parties involved.

New York's Pure Comparative Fault Rule

New York follows a pure comparative negligence rule, which is among the most plaintiff-friendly in the country. This means that even if you are mostly at fault for a car crash, you are still legally entitled to recover damages—your compensation is just reduced by your percentage of fault.

For example, if your total damages amount to $100,000 but you were found to be 60% at fault, you could still recover $40,000. In contrast, some other states bar recovery entirely if you are more than 50% or 51% at fault.

How Fault Is Determined in a Car Accident

Assigning fault after a car accident is not always straightforward. Police reports, witness statements, physical evidence, and even surveillance footage can all factor into how fault is divided. Insurance adjusters and, if necessary, a jury, will evaluate this evidence to determine what percentage of the accident each party caused.

Common scenarios involving shared fault include:

• Rear-end collisions where the lead driver stopped abruptly without a clear reason
• Lane-change accidents where both drivers failed to signal or check blind spots
• Intersection crashes where both parties claim they had the right-of-way

Even if you made a mistake behind the wheel, that doesn’t necessarily eliminate your ability to file a car accident compensation claim.

Why You Can Still File a Claim Even If You Were Partially at Fault

Under New York’s pure comparative fault law, your ability to recover compensation is directly tied to your level of fault—not whether you were entirely blameless. This has important implications for car accident victims:

• You may still receive compensation for medical bills, lost wages, and property damage.
• Pain and suffering damages are also available, though reduced by your share of fault.
• Even high levels of fault (e.g., 90%) don’t disqualify you.

This makes it especially important to avoid assuming blame or making any definitive statements to insurance adjusters without speaking to a car accident attorney first.

The Role of No-Fault Insurance in New York

New York is also a no-fault state, meaning your own auto insurance typically covers basic economic losses like medical bills and lost income up to a certain amount, regardless of who caused the accident. This is known as Personal Injury Protection (PIP) coverage.

However, if your injuries meet the state’s serious injury threshold, you may step outside the no-fault system and pursue additional compensation from the at-fault driver. This is where comparative negligence often comes into play.

What Qualifies as a Serious Injury?

Under New York law, a serious injury includes:

• Bone fractures
• Significant disfigurement
• Permanent loss of a body organ, member, or system
• Substantial disability for 90 days or more

If your injury qualifies, you can file a personal injury lawsuit even if you were partly at fault.

How a Car Accident Lawyer Can Help

Working with a qualified car accident attorney can help you:

• Gather and present evidence that may reduce your assigned fault
• Negotiate with insurance companies to improve your compensation
• Evaluate the true value of your car accident claim, including non-economic damages

An experienced car accident lawyer will know how to use the facts of your case to protect your rights, challenge unfair blame, and help maximize your recovery.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we know that fault isn’t always black and white—especially in car accident cases. If you’ve been injured and worry that you were partially to blame, don’t assume you’re out of options.Our team can help you understand how New York’s pure comparative fault system applies to your case and fight for the compensation you deserve. Contact us today for a free consultation and let us help you move forward.