When personal injuries occur due to someone else’s actions, it’s natural to expect compensation. But in New York, your own role in the incident can impact how much you recover. This concept is known as comparative negligence—and it plays a central role in determining damages. Whether you're dealing with a slip and fall, a car crash, or any other injury caused by negligence, understanding how comparative fault is evaluated could influence the outcome of your case.

New York’s Pure Comparative Negligence Rule

New York follows the doctrine of pure comparative negligence, which means a plaintiff’s damages are reduced in proportion to their percentage of fault. Even if you're 99% at fault for an accident, you can still recover compensation—though it would be just 1% of your total damages.

This system differs from states that follow a modified comparative negligence rule, where compensation is barred if the plaintiff is more than 50% at fault. New York’s more lenient approach provides an opportunity for partially responsible victims to receive at least some recovery.

Examples of Comparative Negligence in Practice

Let’s say you were walking across the street, distracted by your phone, and a speeding car struck you. A jury might decide the driver was 70% at fault for not slowing down in a crosswalk—but assign you 30% of the blame for not paying attention.

If your total damages—medical bills, lost wages, and pain and suffering—amount to $100,000, you would receive $70,000 after your percentage of fault is subtracted.

This principle applies across personal injury cases including:

• Pedestrian accidents
• Auto collisions
• Construction injuries
• Premises liability (like slip and falls)
• Product liability

Proving Fault and Establishing Percentages

The burden of proving negligence lies with the plaintiff. You must show that the defendant had a duty of care, breached that duty, and caused your injuries. The defendant may counter by arguing that you contributed to your own harm.

Courts or juries then weigh each party’s actions. They review:

• Witness testimony
• Surveillance footage
• Accident reports
• Expert evaluations
• Medical records

The final percentage of fault assigned to each party significantly affects the compensation total. Skilled attorneys work to minimize a client’s share of fault and highlight the defendant’s negligence.

Comparative Negligence in New York Car Accident Claims

Auto accident cases in New York often raise comparative fault questions. While New York is a no-fault state for minor injuries, more serious injuries can result in lawsuits where fault must be assigned.

Consider these examples:

• A driver runs a red light but the other motorist was speeding
• A bicyclist is hit by a car but wasn’t using proper signals
• A passenger fails to wear a seatbelt and suffers injuries

Each factor can reduce damages, even if the other party was primarily responsible. Insurance adjusters frequently try to assign blame to reduce payouts, which is why documenting evidence from the scene is essential.

Comparative Negligence and Premises Liability Cases

In slip and fall cases, property owners are often held responsible for unsafe conditions. However, if the injured person ignored warning signs, wore unsafe footwear, or was distracted, comparative negligence may apply.

For example:

• A shopper slips on a wet floor that had a warning cone nearby
• A tenant trips on icy stairs but was rushing and not holding the railing

In these scenarios, courts may reduce the plaintiff’s recovery based on the degree of their own carelessness.

The Role of Comparative Fault in New York Construction Accidents

New York’s labor laws give construction workers strong legal protections. But in personal injury lawsuits, comparative negligence still comes into play—particularly if the worker was not using required safety equipment or was acting outside safety protocols.

For instance:

• A worker climbs scaffolding without a harness despite being instructed to wear one
• A supervisor fails to enforce site safety rules

Courts may still award damages but adjust the amount based on shared fault.

How Comparative Negligence Affects Settlement Negotiations in New York

Comparative negligence can be a powerful tool during settlement talks. Insurance companies routinely argue that the injured party holds partial responsibility to reduce their liability. They may use this tactic to justify a low offer.

That’s why thorough documentation, expert witness support, and strong legal representation are essential. Attorneys familiar with New York's negligence laws can push back on weak arguments and negotiate for fair compensation based on actual fault—not exaggerated claims.

Strategies to Minimize Assigned Fault

To strengthen a personal injury claim and reduce the percentage of fault attributed to you:

• Take immediate photos of the scene, injuries, and any hazards
• Avoid admitting fault when speaking with insurance or other parties
• Follow all medical advice and keep records
• Hire experienced legal counsel to gather evidence and guide you

Acting quickly and carefully from the start improves your chances of securing a more favorable outcome.

Conclusion

Comparative negligence in New York doesn’t eliminate your right to compensation—it simply adjusts it. Even if you played a partial role in the accident, you may still be eligible to recover significant damages. But the percentage of fault you’re assigned can greatly impact the total amount you receive. That’s why it’s critical to document your case, avoid missteps, and work with an attorney who can protect your interests throughout the process. With a clear strategy, even a complicated personal injury case can result in meaningful recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Personal Injury Claims in New York can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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