Craig D. Rosenbaum | September 13, 2025 | Personal Injury
When someone gets hurt in an accident, figuring out who is at fault is a key part of any personal injury claim. New York law employs a system of pure comparative negligence to determine the degree of responsibility for each party involved. Understanding this rule can help accident victims know what to expect when they seek compensation for their injuries. Keep reading to learn more.
Understanding Comparative Negligence
When more than one person shares responsibility for an accident, the law doesn’t always point fingers at just one side. Instead, it looks at the actions of everyone involved. That’s where comparative negligence comes in — it helps decide how much each person should be held accountable and how much compensation someone can receive.
In most states, this system is based on a modified version of comparative negligence, and it comes in two main forms:
- 50% Bar Rule: In states that follow this rule, you can only collect compensation if you’re less than 50% at fault. If you’re equally or more to blame, you won’t be able to recover anything.
- 51% Bar Rule: This version gives victims a little more wiggle room. You can still receive compensation if you’re 50% or less responsible, but if your share of the blame hits 51%, you lose the right to collect damages.
No matter which system a state uses, the amount you’re awarded will be reduced based on your share of the blame. For example, if you’re found to be 25% at fault in a $100,000 case, you’d still be eligible to receive $75,000.
Understanding how these rules work is important, especially when dealing with an insurance claim or considering filing a lawsuit. Even a small shift in fault percentage can have a big impact on what you’re able to recover.
Pure Comparative Negligence in New York
New York follows a pure comparative negligence system. This means that even if you were mostly at fault, you can still recover damages. Your percentage of fault will simply reduce your compensation.
For instance, if you are awarded $100,000 in damages but found to be 60% at fault, your recovery would be reduced by 60%. You would still receive $40,000. This rule allows injured people to receive some compensation even when they played a significant role in the accident.
How Comparative Negligence Affects Personal Injury Cases
Comparative negligence can have a big impact on many types of cases, including:
- Car Accidents: If both drivers made mistakes—like one texting and the other speeding—the court will assign a percentage of fault to each.
- Slip and Fall Accidents: If you slipped on a wet floor but were also distracted by your phone, your damages might be reduced.
- Medical Malpractice: If a patient ignores medical advice, their compensation could be lowered if it worsens their injuries.
In each situation, the total damages are calculated, and then the plaintiff’s share of fault reduces the amount they can collect.
Proving Fault in a Personal Injury Case
Determining fault is often the most challenging part of a personal injury claim. Insurance companies, lawyers, and sometimes a jury will review evidence such as:
- Accident reports
- Witness statements
- Photos or videos from the scene
- Medical records
The goal is to clearly show how each person’s actions contributed to the accident. Strong evidence can help limit the percentage of fault assigned to you, which means you keep more of the damages awarded.
The Role of Insurance Companies
Insurance companies are quick to use comparative negligence to reduce what they pay. An adjuster might argue that you were more responsible for the accident than you believe. For example, if you were hit by a car while crossing the street, they might claim you were distracted or not in the crosswalk to lower your payout.
Having an experienced personal injury attorney can help counter these arguments and protect your rights. Your lawyer can negotiate with insurers and present evidence to show the other party’s greater responsibility.
Contact Rosenbaum Personal Injury Lawyers for a Free Consultation With a New York City Personal Injury Lawyer
Understanding comparative negligence is essential when pursuing a personal injury claim in New York. The pure comparative negligence system ensures that even if you bear some responsibility, you can still recover a portion of your damages. If you’ve been injured in an accident, don’t let the idea of shared fault stop you from seeking help.
Call Rosenbaum Personal Injury Lawyers to arrange a free consultation with an experienced New York City personal injury lawyer.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
