Injured but Partially to Blame? Understanding New York’s Shared Fault Laws

Accidents are rarely black and white. When the dust settles after a collision or a sudden fall, it is common to find that multiple factors, and sometimes multiple parties, contributed to the incident. Many personal injury victims in New York hesitate to pursue legal action because they fear that sharing some of the blame will completely prevent them from recovering compensation.

 

Fortunately, under New York law, sharing fault does not mean you are out of options. At Kerner & Kerner, our experienced legal team has spent decades helping injured New Yorkers navigate complex liability issues. 

 

Here is what you need to know about personal injury cases involving shared fault.

 

The Rule of Pure Comparative Negligence
In a few states, if you are found to be even 1 percent at fault for an accident, you are entirely prohibited from seeking financial recovery. Other states use a modified system where you cannot recover anything if you are 50 percent or more at fault.

 

New York, however, follows a more plaintiff-friendly legal doctrine known as pure comparative negligence, codified in New York Civil Practice Law and Rules Section 1411. Under this law, your ability to recover damages is not eliminated just because you contributed to the accident. 

Instead, your total financial compensation is reduced by your specific percentage of fault. In fact, New York law allows you to recover damages even if you are found 99 percent at fault; your recovery is limited to the remaining 1 percent of your damages.

 

How Shared Fault Works in Practice
To understand how pure comparative negligence impacts a settlement or jury verdict, consider a hypothetical motor vehicle accident.

Imagine you are driving slightly above the speed limit when another driver runs a red light and strikes your vehicle. You sustain $100,000 in medical bills, lost wages, and pain and suffering. During the legal process, a judge or jury determines that the other driver is 80 percent at fault for running the light, but you are 20 percent at fault for speeding.

 

In this scenario, your $100,000 award would be reduced by your 20 percent share of the blame, or $20,000. You would still recover $80,000 in financial compensation.

 

Common Scenarios Involving Shared Fault
Comparative negligence issues frequently arise across a variety of New York personal injury cases, including:

Motor vehicle accidents where one driver is distracted while another is speeding or following too closely.

 

Slip and fall incidents where a hazardous condition exists, but the injured person may have been distracted at the time.

 

Pedestrian accidents where a person is struck by a negligent driver while crossing outside of a marked crosswalk.

 

Why You Need an Experienced New York Attorney
Because any percentage of fault assigned to you reduces your compensation under New York Civil Practice Law and Rules Section 1411, insurance companies have a strong incentive to exaggerate your share of blame. Their goal is to minimize payouts by shifting as much responsibility onto you as possible. They may question your actions, reinterpret statements, or closely analyze reports to reduce their financial exposure.

 

This is why having a seasoned trial attorney is critical. At Kerner & Kerner, we understand how insurance companies approach these cases and how to counter their strategies. We investigate thoroughly, gather strong evidence, and work to demonstrate the full extent of the other party’s negligence while protecting your position.

 

Protect Your Rights with Kerner & Kerner
For over 60 years, we have advocated for injured New Yorkers and recovered millions of dollars in compensation. Even if you believe you may have been partially at fault, our team can evaluate how New York’s pure comparative negligence rule applies to your case and help protect your right to recovery.

 

Contact our New York City office today at 212-964-1098 to schedule a free, no-obligation consultation.