Can You Still Recover Compensation If You Were Partly at Fault?
Yes, you may still have a personal injury claim. Being partly responsible for an accident does not automatically prevent you from recovering compensation in New York. Under the state’s comparative negligence law, an injured person may still recover damages even if they share some of the blame for what happened. However, the amount they receive is generally reduced by their percentage of fault.
If an insurance company has told you that you were partly responsible—or you’re worried you may have contributed to the accident—speak with a personal injury attorney before assuming you have no case.
What Is Comparative Negligence?
Comparative negligence is the legal rule used to determine how compensation is affected when more than one person contributed to an accident.
Rather than preventing recovery simply because an injured person shares some responsibility, New York allows compensation to be reduced according to that person’s percentage of fault.
This approach recognizes that accidents often result from multiple factors, not just the actions of one individual.
How Does Comparative Negligence Work in New York?
Under New York law, your percentage of fault reduces the amount of compensation you can recover.
For example, suppose your total damages are $100,000.
- If you are found 10% responsible, you could recover $90,000.
- If you are found 25% responsible, you could recover $75,000.
- If you are found 50% responsible, you could recover $50,000.
Even if you share a significant portion of the blame, you may still have the right to pursue compensation.
Who Decides How Much Fault Each Person Shares?
Fault is not determined automatically. Insurance companies may initially assign blame during the claims process, but their conclusions are not necessarily final.
If a case proceeds to litigation, a judge or jury may determine each party’s percentage of responsibility after reviewing the evidence.
Important evidence may include:
- Police reports
- Photographs and videos
- Witness statements
- Medical records
- Expert analysis
- Accident reconstruction findings
Because fault directly affects the value of a claim, gathering strong evidence early can make a meaningful difference.
Comparative Negligence Applies to More Than Car Accidents
Many people associate comparative negligence with motor vehicle collisions, but the rule applies to many types of personal injury claims, including:
- Slip and fall accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Dog bite claims
- Premises liability cases
- Product liability claims
Regardless of how an injury occurred, the actions of everyone involved may be considered when determining liability.
Why It Helps to Have an Attorney on Your Side
Insurance companies often look for ways to reduce the amount they pay on a claim. One of the most common strategies is arguing that the injured person shares responsibility for the accident.
At Bornstein & Emanuel, we work to protect our clients from unfair fault determinations by:
- Conducting an independent investigation into the accident.
- Gathering evidence to establish what happened.
- Interviewing witnesses and reviewing available footage or photographs.
- Challenging unsupported allegations of shared fault.
- Negotiating with insurance companies for a fair settlement.
- Taking cases to court when necessary.
Our goal is to pursue the maximum compensation available under New York law based on the facts of your case.
Don’t Assume You Don’t Have a Case
Many injured people hesitate to contact an attorney because they believe they made a mistake that caused the accident. In reality, sharing some responsibility does not necessarily prevent you from recovering compensation.
Insurance companies may try to shift more blame onto an injured person than the evidence supports. An experienced attorney can review the facts, explain how comparative negligence may apply to your situation, and advocate for a fair outcome.
Talk to Bornstein & Emanuel about your case today. The consultation is free, and there is never a fee until we recover for you.
Frequently Asked Questions
Can I recover compensation if I was partly at fault for an accident in New York?
Yes. New York follows a pure comparative negligence rule, which means you may still recover compensation even if you were partly responsible. Your recovery is generally reduced by your percentage of fault.
Can I still file a claim if I think I caused the accident?
Possibly. Many accidents involve shared responsibility. Before deciding you do not have a case, speak with an attorney who can review the facts and explain your legal options.
Does comparative negligence apply to slip and fall cases?
Yes. Comparative negligence can apply in many types of personal injury cases, including slip-and-fall cases, premises liability claims, and other accidents where more than one party may share responsibility.
Can the insurance company decide that I was at fault?
Insurance companies often make their own assessment of fault during the claims process, but those determinations are not always accurate or final. Fault may ultimately be resolved through additional evidence or litigation.
Should I accept a settlement if the insurance company says I was partly responsible?
Not before understanding how fault was determined and whether the settlement fairly reflects your damages. Speaking with an attorney before accepting an offer can help you make an informed decision.
