Accidents can lead to substantial injuries that require ongoing medical care, leaving accident victims struggling to pay hospital bills and make up for lost wages. In some states, you can only recover damages if you held no blame for the accident. In New York, that’s not the case. Comparative negligence in New York means that you can still seek compensation, even if you were determined to hold a substantial portion of the blame.
What Is Comparative Negligence?
Comparative negligence is a doctrine that some states use to assign fault among the parties involved in an accident. It affects the damages a plaintiff is entitled to recover. There are three types of comparative negligence:
- Pure comparative negligence. You are allowed to recover damages even if you were deemed 99% at fault for the accident that caused your injuries.
- Modified comparative negligence. You were allowed to seek compensation as long as you were 50% or less at fault for the accident.
- Slight/gross comparative negligence. You are allowed to pursue a claim only if your negligence was determined to be slight, and the other party’s negligence was gross.
Some states do not follow comparative negligence doctrines. Instead, they are contributory negligence states. In a contributory negligence state, you cannot recover compensation if you held even 1% of the blame for an accident.
New York is a pure comparative negligence state, which means anyone injured due to another person’s negligence can pursue a claim with the help of a New York personal injury attorney. In 2026, the law was changed in New York so that auto accident victims who are found 50% or more at fault are no longer entitled to any recovery for personal injuries.
Joint Liability for Accidents
In some types of accidents, such as car crashes, multiple parties can share liability. Each driver in a three-car pileup could be determined to be partially responsible, for example, and a commercial driver’s employer could also hold some of the blame under respondeat superior.
In these cases, you’ll be able to file claims against anyone deemed to be responsible for the accident. However, you could also be held liable for the role you played. Working with a skilled personal injury lawyer is essential to protecting your rights and interests in these more complicated cases.
You Must Be Partially at Fault for Comparative Negligence to Apply
For comparative negligence to apply, you must be partially at fault for the accident. Let’s take a look at an example to see what that means.
Say that you were in a car accident. You were speeding. However, your excessive speed did not contribute to causing the accident, so the jury decides that it would have occurred even if you had been following the local traffic laws. Comparative negligence would not apply, and you would receive 100% of the total damages you could be entitled to.
If, on the other hand, your speeding played a contributing role, comparative negligence would come into play. Say the other driver was distracted, and that was the main reason that the accident occurred. The other driver might be assigned 80% of the fault, but your speeding could mean you still incurred 20% of the blame. Your settlement amount would be decreased by 20%, so what could have been a $100,000 settlement would instead become an $80,000 settlement.
Tort Claims in New York by the Numbers
In 2023, 33,138 tort claims were filed in New York. A total of 13,227 of them ended in settlements. Motor vehicle settlements and judgments alone cost New York drivers’ insurance companies $173.7 million.
FAQs
Does NY Have Comparative Negligence?
NY has comparative negligence. The Empire State is a pure comparative negligence state, which means that accident victims are allowed to recover damages even if they are mostly at fault for their accidents. The amount of money they receive will be reduced by the percentage of fault they are assigned.
What Are the Three Types of Comparative Negligence Laws?
The three types of comparative negligence laws are pure comparative negligence, modified comparative negligence, and slight/gross comparative negligence. Most states are modified comparative negligence states, meaning that they only allow plaintiffs to recover damages if they are 50% or less at fault for their accidents.
New York is a pure comparative negligence state except now for motor vehicle accidents because of Governor Hochul’s campaign to change the law in 2026. Now any person found more than 50 percent at fault from a motor vehicle accident will not be entitled to any recovery in New York.
What Is the Negligence Standard in NY?
The negligence standard in NY is pure comparative negligence. Plaintiffs in civil cases are allowed to pursue damages even if they were mostly at fault for the accident that caused their injuries, but they’ll be awarded less compensation the more fault they are assigned. If you are 80% at fault, you’ll only receive 20% of the original settlement amount you would have been awarded had you held no blame at all.
Which States Use Pure Comparative Negligence?
The states that use pure comparative negligence are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington. In these states, plaintiffs may recover damages despite holding a majority of the fault for an accident, but their recovery will be limited by the percentage of fault they are assigned.
How Much Money Do You Lose if You’re Found Partially at Fault for an Accident?
How much money you lose if you’re found partially at fault for an accident depends on the percentage of fault you are assigned. If you were 50% at fault for the accident, you’ll lose 50% of the compensation you would otherwise have been awarded. If you were found 99% at fault for the accident, you’ll receive only 1% of the original settlement amount.
Hire a Personal Injury Lawyer Today
If you’ve been injured in an accident, comparative negligence in New York allows you to recover compensation even if you were mostly to blame. You can hire a personal injury lawyer to help you determine the liable party or parties and hold them accountable for the roles they played.
The team here at the Law Office of Brett J. Nomberg, PLLC, can help. We offer a down-to-earth, personal approach to legal services, never handing off clients to less experienced attorneys or leaving them wondering where their cases stand. Let us leverage our extensive knowledge of comparative negligence laws to help you with your personal injury claim. Contact us to schedule a consultation today.
