New York Comparative Negligence Law
Injury accidents aren’t always exclusively one person’s fault. Sometimes, multiple parties may share some of the responsibility. This shared fault comes into play when a person files an insurance claim seeking compensation for their accident-related harm. The other party may argue that the injured person caused the accident through their own carelessness.
The good news is that New York’s comparative negligence law provides a framework for handling this type of situation. While sharing some of the responsibility for an accident can affect how much compensation you might recover, it doesn’t close off the possibility altogether.
Understanding New York’s Comparative Negligence Law
New York law follows a legal principle known as comparative negligence. This means that when a person partially contributed to their own injuries in an accident, they can still obtain compensation for their losses from the other party. However, their compensation will be reduced in proportion to their share of the fault.
Under this rule, insurance adjusters and courts review the facts of an accident and assign a percentage of responsibility to each party involved. These percentages reflect how much each party’s actions contributed to the incident. The injured person’s total compensation is then reduced by their assigned percentage of blame. This system allows compensation claims to proceed even when more than one party contributed to the accident.
Here’s how it works: In a personal injury claim, the total value of the injured person’s losses is calculated. Then, a judge, jury, or insurance adjuster assigns each party a percentage of fault. Let’s say an injured person is found 30 percent responsible for an accident. Under New York’s pure comparative negligence laws, that same 30 percent will be subtracted from their final recovery.
What Does “Pure” Comparative Negligence Mean?
Different states apply the principle of comparative negligence in different ways. New York follows what’s known as a “pure” comparative negligence rule. This approach allows an injured person to secure compensation if they were partly or even mostly responsible for the accident. The key factor is how much blame each party bears for what happened.
This is how the pure comparative negligence rule stacks up against other approaches:
- Pure comparative negligence – An injured person may seek compensation even if they were 99 percent responsible for the accident. Their recovery is reduced by their percentage of fault.
- Modified comparative negligence (50 percent rule) – An injured person may only recover damages if their share of the fault is less than 50 percent. Again, their compensation will be reduced by their percentage of blame.
- Modified comparative negligence (51 percent rule) – An injured person may only get their portion of compensation if their share of fault is 50 percent or less.
It’s also important to note the distinction between comparative vs. contributory negligence. Under the principle of contributory negligence, an injured person can’t recover compensation at all if they share any responsibility for the accident. Even a small percentage of fault can bar them from financial recovery. Only a few states still apply this rule, and it can significantly limit an injured person’s ability to pursue the compensation they need after an accident.
How Can Comparative Negligence Affect Your Personal Injury Settlement in New York?
The comparative negligence law has a significant effect on New York personal injury cases – and insurance companies know it. This rule is actually one of the top factors insurance adjusters consider when evaluating personal injury claims.
Due to the opportunity the law presents for them to reduce their costs, insurers frequently scour the facts of an accident for ways to assign some responsibility to the injured person. They may point to evidence to argue that the injured person contributed to the accident through their own conduct. Even a relatively small percentage of assigned fault can still lower the amount an insurer has to pay out.
Insurers may introduce comparative negligence arguments during settlement negotiations. By asserting that the injured person bears partial responsibility, the insurance company can try to justify a reduced settlement offer. As a result, disputes often arise over the division of fault and whether the insurer’s assessment accurately reflects the available evidence.
How Our Personal Injury Lawyers Can Help Maximize Your Compensation
Not surprisingly, comparative negligence may become a central issue in your personal injury claim. When an insurance company argues that you share responsibility for the accident, the percentage of fault they assign you can directly affect how much compensation is available.
A New York personal injury lawyer from The Tadchiev Law Firm, P.C. can review the facts of your case and challenge claims that unfairly shift blame to you. Your lawyer can help by:
- Investigating the accident and collecting evidence that shows how the incident happened
- Reviewing police reports, witness statements, and other records for inaccuracies
- Working with outside experts who can analyze accident details and liability issues
- Responding to insurance company arguments that attempt to assign excessive fault to you
- Presenting evidence that supports a fair allocation of responsibility among the parties involved
- Protecting your right to full and fair compensation under New York’s comparative fault laws
Having an attorney on your side can help you provide a strong defense against insurance company tactics designed to limit your compensation. With your lawyer’s help, you can fight for every dollar you deserve.
Call Our Personal Injury Attorneys to Help with Your Case
If you were injured in a car crash, slip-and-fall, workplace incident, or other accident, turn to the team at The Tadchiev Law Firm, P.C. to provide the legal representation and advocacy you need. Our Floral Park personal injury firm serves clients throughout Queens and beyond, and we’re ready to put our decades of combined experience to work on your behalf.
Don’t let an insurance company try to take unfair advantage of New York’s pure comparative negligence system. Get the support you need to fight back. Contact The Tadchiev Law Firm, P.C. to get started with a free consultation.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.