Can You Sue If You Were Partly at Fault in a New York Car Accident?
Picture this: You’re driving through Brighton Beach on a rainy night when another car runs a red light and crashes into you. After the accident, you both wonder who is really to blame. Maybe you missed a stop sign, or maybe the other driver was going too fast. In these situations, many people ask whether they can still file a claim if they were partly at fault.
In New York, the answer is yes, but there are important rules to understand.
Partial Fault and Comparative Negligence in New York
New York law follows a system called comparative negligence. This means more than one person can share responsibility for an accident. Even if you are partly at fault, you may still recover damages. The law allows you to be assigned any percentage of blame-10%, 50%, or even as much as 99%. Your financial recovery is then reduced by your share of fault.
How Comparative Negligence Impacts Your Recovery
Even if you are partly responsible for the crash, you still have the right to bring a personal injury claim in New York. Here’s how it works: the court will determine the total damages and assign a percentage of fault to each party. Your compensation is then reduced by your percentage of responsibility. For example, if you are found 25% at fault and your damages are $40,000, you would receive $30,000. If you are 60% at fault, you would recover 40% of your total damages.
This rule applies to car accidents, slip and fall injuries, construction site accidents, and many other personal injury claims throughout Brooklyn and New York City.
Can You Ever Be Barred from Recovering Damages?
Under New York’s pure comparative negligence law, you can pursue compensation even if you are assigned a very high percentage of fault-up to 99%. The amount you receive will simply reflect your share of responsibility. This is different from many other states, where you may be barred from recovering anything if you are more than 50% at fault.
What Happens After an Accident?
Determining fault can be complicated. Insurance companies and attorneys often look at police reports, witness statements, accident reconstruction, and even traffic camera footage. Having an experienced legal team on your side can make a significant difference in how your case is handled and how much compensation you receive.
- Collecting and preserving evidence
- Dealing with insurance adjusters
- Evaluating your total damages
- Negotiating for a fair settlement
Suppose someone slips on wet floors in a Brooklyn grocery store after both the store and a customer spill something and neither cleans it up. Both may share some fault, but the injured person can still recover compensation, even if they are partly responsible. Our lawyers will negotiate the highest settlement we can, and if necessary, take the case to trial.
Why Work with Our Personal Injury Lawyers?
Accident victims in New York who have professional legal help often recover more than those who go it alone. Insurance companies know you mean business when you have a knowledgeable attorney advocating for your interests. At the Law Office of Irene H. Gabo, P.C., our lawyers have deep experience handling complex comparative negligence cases throughout Brooklyn and all five boroughs.
Take the Next Step
If you or a loved one were hurt in a car accident or any injury case where fault is shared, don’t let questions about responsibility keep you from seeking help. The lawyers at the Law Office of Irene H. Gabo, P.C. are ready to answer your questions and help you understand your rights under New York law. Call us at (800) 560-0214 for a free consultation. We’re here to help you get the compensation you deserve.
Irene H. Gabo is a dedicated personal injury attorney based in Brooklyn, specializing in a wide range of personal injury cases. With over a decade of experience, she has successfully represented thousands of clients who have suffered injuries from motor vehicle accidents, construction incidents, dog bites, and medical malpractice. Known for her expertise and commitment, Ms. Gabo has recovered millions of dollars for her clients, ensuring they receive the justice and compensation they deserve. If you or a loved one has been injured in Brooklyn, reach out to Irene for a free consultation and expert guidance on your personal injury claim.
