One of the most common concerns people have after an accident is, “Can I still get compensated if I was partly at fault?” The answer, in New York, is yes—but it can affect how much you receive.
Let’s explore how partial fault works under New York law and what it means for your personal injury case.
New York Is a “Pure Comparative Negligence” State
New York uses a legal principle called pure comparative negligence. This means:
- Fault is shared among all parties involved
- You can recover compensation even if you were 99% at fault
- Your total compensation is reduced by your percentage of fault
Example:
If your total damages are $100,000 and you’re found to be 30% at fault, you’ll still receive $70,000.
Common Scenarios Where Fault Is Shared
Partial fault often arises in:
- Car accidents where both drivers made mistakes (e.g., one ran a red light, the other was speeding)
- Slip and fall cases where the injured person wasn’t paying attention
- Bicycle or pedestrian accidents in crosswalks or parking lots
How Is Fault Determined?
Several types of evidence help establish the degree of fault, including:
- Police reports
- Eyewitness statements
- Surveillance footage
- Accident reconstruction
- Expert testimony
Insurance adjusters and attorneys use this information to assign fault percentages.
Can the Insurance Company Use This Against Me?
Yes—and they often try to. Insurance companies may attempt to shift more blame onto you to reduce their payout. Even if you were only mildly negligent, they may argue you were primarily responsible.
That’s why it’s crucial to have an experienced attorney who can:
- Push back against unfair blame
- Present evidence that minimizes your fault
- Maximize the portion of compensation you retain
Why Legal Representation Matters
In comparative negligence cases, every percentage point matters. A skilled attorney can mean the difference between recovering 80% of your damages—or walking away with 30%.
They can also:
- Challenge inflated fault assessments
- Negotiate more favorable settlements
- Take your case to court if needed
Don’t Let Partial Fault Stop You
Being partially at fault doesn’t mean you don’t have a case. In fact, many injury victims in New York successfully recover damages even when they share in the blame.
Contact the Personal Injury Law Firm of Figeroux & Associates
Schedule a free consultation today!
Call 855-768-8845
Visit www.askthelawyer.us
