Basics Of Comparative Negligence In New York (2026)

What Is Comparative Negligence in New York?

Comparative negligence in New York is the doctrine that allows you to still recover losses after an accident if you were partly responsible for it. Specifically, New York has pure comparative negligence laws in place.

Pure Comparative Negligence vs. Modified Comparative Negligence

Pure comparative negligence in New York allows you to recover losses even if you were 99% to blame for your losses. This is different from modified comparative negligence, which is what most states have.

Modified comparative negligence does let you recover losses if you were partly to blame, but there are cutoffs. Some states only allow you to be up to 49% to blame, such as with the 50% bar rule, while others let you be up to 50% at fault, as under the 51% bar rule.

How Does New York's Comparative Negligence Law Differ From Other States?

The laws that govern comparative negligence in New York tend to be more favorable for the victims of accidents than those in other states. Unless you’re 100% to blame for your injuries, you’ll likely receive some compensation, though it could be minimal.

How Does Comparative Negligence Impact Your Compensation in New York?

The amount of fault you’re assigned will impact the compensation you receive. That is because your winnings are reduced by your percentage of liability. The higher your percentage of fault, the less significant your settlement will be.

Real-World Examples of Comparative Negligence Calculations

Imagine that you were reaching for an item on the passenger seat of your car. You become slightly distracted, and another driver runs a red light at the same time. They hit you and cause a traumatic brain injury.

Both of you would hold some percentage of fault in this case. Insurers might apportion 30% of fault to you and 70% of fault to the other party because they were the most reckless. If you were granted $50,000 in damages, being 30% at fault means you would only receive 70% of the $50,000, which is $35,000.

But what happens in instances when you hold the majority of the fault? If you were driving recklessly or while intoxicated but suffered $10,000 in damages, your percentage of fault will likely be high. Suppose that you’re assigned 99%. This means your winnings would be reduced by that much. You’d only receive 1% of the $10,000, or $100.

How Insurance Companies Use Comparative Negligence Against You

In personal injury claims, you can expect insurance companies to do everything possible to minimize your winnings. They will try to pin as much of the blame on you as they can to prevent you from receiving the assistance you deserve. There are many tactics they can use, including trying to state that you displayed negligent conduct.

Strategies to Maximize Your Compensation Despite Comparative Fault

Having as much evidence as possible in these cases can make a significant difference. Photos and witness statements are often helpful, as are expert witness testimonies. This is why it’s so essential to get medical attention immediately after the accident occurs. With a record established from the beginning, there can be fewer issues regarding causation.

You should also avoid admitting fault. Don’t apologize to the other party, and don’t mention fault to your insurer. It’s best if you limit the amount of information you provide to insurers because they may be recording you and could use that later to minimize your claim.

How a Personal Injury Attorney Can Protect Your Rights Under Comparative Negligence

One of the most important things that you can do is hire a New York personal injury lawyer to help fight for fair compensation. They can present evidence to demonstrate the exact percentage of fault you hold, if any, and push back against what insurance companies claim.

In instances when it’s impossible to agree on the percentage of fault that each party holds, having an attorney by your side means getting the chance to file a lawsuit. Your attorney can take your case to court and fight for compensation in front of a judge or jury.

Get Matched With a Comparative Negligence Attorney in New York

If you have suffered injuries in a New York accident and are worried about how comparative negligence laws will impact your winnings, it’s time to contact an attorney. The team at ConsumerShield can connect you with trusted and experienced lawyers in your area to help you fight for your rights. Contact our team to get started today.