How New York’s Comparative Negligence Law Affects Your Compensation

Accidents are rarely black-and-white. Often, more than one person’s actions contribute to what happened — maybe you slipped on a wet subway stair while rushing for your train, or two drivers both made mistakes before a collision.

Many New Yorkers assume that if they share any blame for an accident, they can’t recover compensation.

That’s not true.

New York follows a rule called “pure comparative negligence,” which lets you pursue damages even if you’re partly — or mostly — at fault.

This article explains what comparative negligence means, how it affects your payout, and why it’s so important to have an experienced lawyer build your case.

What Is Comparative Negligence?

Under New York Civil Practice Law & Rules §1411, the amount of compensation you receive after an injury is reduced by the percentage of fault assigned to you.

In simple terms:

You pay for your share of the blame, but you can still recover the rest.

For example:

• If your total damages are $100,000 and a jury decides you were 20% at fault, your recovery will be reduced by 20% → you receive $80,000.
• If you were 60% at fault, you still recover 40% of your damages → $40,000.

Unlike some states that bar recovery if you’re more than 50% at fault, New York allows you to recover even if you’re 99% at fault — though your compensation is reduced accordingly.

How Comparative Negligence Is Determined

A judge, jury, or insurance adjuster decides fault by reviewing:

• Police reports and incident reports
• Eyewitness statements
• Photos, videos, and scene evidence
• Expert testimony (e.g., accident reconstruction)
• Medical records that show timing and cause of injuries

Each party’s actions are weighed to decide how much they contributed to the accident.

How It Impacts Your Compensation

Comparative negligence affects all types of damages you might claim:

• Medical bills (past and future)
• Lost income and reduced earning capacity
• Pain and suffering
• Rehabilitation, therapy, and long-term care costs

Insurers often argue that the victim shares more blame than they really do — because every extra percentage of fault assigned to you reduces what they must pay.

Common NYC Scenarios Involving Shared Fault

• 🚗 Car accidents: two drivers both speeding or one running a red light while the other was distracted.
• 🚲 Cyclist vs. vehicle collisions: cyclist not in bike lane while driver opens a car door.
• 🚶‍♀️ Slip-and-fall cases: a store failed to post a wet-floor sign while the injured customer was texting and not watching their step.
• 🏗️ Construction site injuries: both the worker and site management made safety mistakes.

Why Having a Lawyer Matters

Insurers will seize on comparative negligence to minimize payouts.

An experienced NYC personal-injury attorney can:

• Investigate thoroughly to limit your percentage of fault
• Collect surveillance footage, witness accounts, and expert opinions to prove the other party’s negligence
• Negotiate with insurers to counter low-ball offers that overstate your share of blame
• Present your strongest case in court if settlement talks fail

Case Example

Imagine you’re hit by a delivery van while crossing at an unmarked crosswalk at night.

The van driver was speeding and failed to yield, but you were also jaywalking outside the crosswalk.

A jury finds you 30% at fault and the driver 70% at fault.
If your total damages are $200,000, your recovery will be reduced by 30% → you receive $140,000.

Without legal help, an insurer might try to claim you were 50% or more at fault to pay you much less.

Key Takeaways

• New York’s pure comparative negligence rule means you can still recover compensation even if you’re mostly at fault.
• Your payout is reduced in proportion to your fault percentage.
• Insurers may try to shift more blame to you to lower their costs.
• A strong legal strategy can help minimize your share of fault and maximize recovery.

If you were injured in an accident in NYC — car crash, slip-and-fall, construction incident, or any other personal-injury event — don’t assume you’re disqualified because you might share some blame.

📲 Contact the Law Offices of Jason G. Krantz, P.C. for a free case evaluation.

We’ll explain how comparative negligence applies to your case and fight to protect the full value of your claim.

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