How “Comparative Negligence” Can Affect Your Personal Injury Case

After an accident, one of the first questions that may come up is: Who was at fault? In many cases, the answer isn’t black and white. Accidents often result from a combination of factors involving multiple parties, including the injury victim. If you’re partially at fault for your injuries, can you still recover compensation? In New York, the answer is yes, thanks to a legal rule called comparative negligence.

Understanding how comparative negligence works—and how it could impact your personal injury claim—is crucial when pursuing compensation. At Leandros A. Vrionedes, P.C., we help accident victims throughout New York City and Nassau and Westchester counties fight for the maximum recovery possible, even in complex cases involving allegations of shared fault. Contact our office to review your situation with an experienced and successful NYC personal injury lawyer.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that reduces the amount of damages an injured person can recover based on their percentage of fault for the accident. New York follows a pure comparative negligence system, as set out in section 1411 of New York Civil Practice Law and Rules (N.Y. C.P.L.R. § 1411).

This statute provides that “In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”

What does that mean in plain terms? The bottom line is that even if you are partially responsible for causing your injuries, you can still recover compensation. However, your award will be reduced by your share of the fault. For example, if your total damages are $100,000 but you are found to be 30% at fault for the accident, you can still recover $70,000 (i.e., 70% of your damages).

This rule applies whether your share of the fault is small or large—even if you are more at fault than the other party. That’s what distinguishes New York’s pure comparative negligence system from the modified systems used in many other states, which bar recovery if your fault exceeds a certain threshold (often 50 or 51%).

How Comparative Negligence Might Arise

Comparative negligence issues can arise in nearly any type of personal injury case, including:

• Slip or trip and fall accidents
• Car, truck, or pedestrian accidents
• Bicycle or motorcycle crashes
• Construction accidents
• Premises liability claims

Insurance companies frequently try to use comparative negligence to reduce what they have to pay. They may argue that you weren’t paying attention, that you ignored warning signs, or that you acted recklessly. Sometimes these claims are exaggerated or unfounded—but even if you did play a small role in the accident, that doesn’t eliminate your right to compensation.

Examples:

• You were hit by a car while crossing the street but were jaywalking. A court might find you partially at fault for not using a crosswalk.
• You slipped on a wet floor in a store, but you were texting while walking and didn’t notice the hazard. The defense might argue that your inattention contributed to the accident.
• You were rear-ended at a stoplight but had a broken brake light. The other driver may still be mostly at fault for causing the crash, but your own negligence could affect the outcome.

Proving Fault and Minimizing Your Share of Responsibility

When comparative negligence is in play, it becomes especially important to gather evidence that shows you were not the primary cause of the accident—or that your contribution was minor or nonexistent. Depending on the situation, helpful evidence can include photographs or video of the scene, eyewitness statements, police or incident reports, or expert testimony from accident reconstruction specialists. A skilled personal injury lawyer can investigate the incident, collect evidence, and push back against exaggerated claims of fault to maximize your compensation.

The Role of the Jury in Determining Fault

If your case goes to trial, the jury will hear arguments from both sides and assign percentages of fault to each party. They’ll then reduce your damages award accordingly. For example, if the jury finds:

• Defendant: 60% at fault
• Plaintiff (you): 40% at fault
• Total damages: $200,000
  Then your award would be reduced to $120,000 (60% of $200,000).

If your case settles before trial, the same analysis applies—but instead of a jury, the lawyers for both sides will negotiate a settlement amount that reflects the estimated degree of fault.

How Comparative Negligence Affects Settlements

Because comparative negligence directly impacts how much a case is worth, it often becomes a key factor in settlement negotiations. Insurance adjusters will look for any reason to assign blame to the victim in an attempt to lower the payout. This is why having an experienced attorney on your side is essential.

Your lawyer can evaluate the facts of your case, advocate on your behalf, and work to ensure that your share of the fault is minimized—or eliminated entirely if the evidence supports it.

Don’t Let Shared Fault Stop You From Seeking Compensation

Too often, injury victims assume they can’t file a claim because they may have been partially responsible for the accident. That’s simply not true under New York law. Thanks to the state’s pure comparative negligence rule, you may still be entitled to significant compensation—even if you bear some responsibility for what happened.

At Leandros A. Vrionedes, P.C., we understand how insurance companies operate and how they use comparative fault arguments to reduce payouts. We fight aggressively to protect our clients’ rights and maximize their recovery, no matter how complex the case is.

Talk to a New York Personal Injury Attorney Today

If you’ve been injured in an accident in Brooklyn, Bronx, Queens, or Manhattan in New York City, don’t assume that being partially at fault means you can’t recover compensation. Let an experienced attorney review your case and help you understand your rights under New York’s comparative negligence law. Contact Leandros A. Vrionedes, P.C. today for a free consultation. We’ll explain your legal options and develop a strategy to pursue the full amount of compensation you deserve.