Can You Still File a Personal Injury Claim If You Were Partly at Fault in New York?

Yes, you may still be able to file a personal injury claim in New York even if you were partly at fault for an accident. In many cases, New York’s comparative negligence rules allow an injured person to recover damages even when their own actions contributed to what happened. The amount they may recover can be reduced based on their percentage of fault.

However, certain motor vehicle injury claims are subject to a different shared-fault rule. That means a partly at fault accident claim in New York should be evaluated based on both the type of accident and how responsibility may be divided.

If you were injured and have questions about how fault may affect your claim, The Barnes Firm can help you understand your options. Call (800) 800-0000 to speak with an attorney.

How Comparative Negligence Works in New York

Comparative negligence addresses situations where more than one person contributed to an accident. For many New York personal injury cases, being partly responsible does not automatically prevent recovery. Instead, the damages that would otherwise be available may be reduced according to the injured person’s percentage of fault.

For example, if someone is found 30% responsible for an accident, the amount they could otherwise recover may be reduced by 30%. This means a partially at fault personal injury claim may still move forward even when responsibility is shared.

Motor Vehicle Injury Claims May Be Treated Differently

Not every partly at fault accident claim in New York follows the same rule. Certain motor vehicle personal injury actions are subject to a separate shared-fault standard. In those cases, a person may be barred from recovering damages if their share of responsibility is greater than the fault of the person or people they are bringing the claim against.

For example, in a two-driver accident, someone found 40% responsible may still be able to pursue damages subject to a reduction. Someone found more responsible than the other driver may face a different result. Because this rule is specific to certain motor vehicle injury cases, it is important not to assume that the same comparative negligence standard applies to every New York accident.

How Is Fault Determined After an Accident?

Fault is usually based on the facts and evidence surrounding the accident.

Relevant evidence may include:

• Photographs or video
• Police or incident reports
• Witness statements
• Vehicle damage
• Surveillance or dashcam footage
• Traffic or safety rules
• Property conditions
• Statements from the people involved

An insurance company’s initial decision about fault does not necessarily determine how responsibility will ultimately be allocated. Evidence may show that more than one person contributed to what happened. In some cases, additional information can change how liability is evaluated.

What If the Insurance Company Blames You?

An insurer may argue that you caused all or part of the accident. That position can affect settlement negotiations, but it does not automatically establish your legal percentage of fault. The insurance company may rely on statements, photographs, reports, or other evidence when making its decision. If important evidence was overlooked or interpreted differently, the allocation of responsibility may still be disputed.

This is one reason preserving evidence can be especially important in a shared fault accident in New York. Avoid assuming that an insurer’s percentage of fault is automatically final. The facts, applicable law, and available evidence may support a different conclusion.

How Shared Fault Can Affect Compensation in New York

In many New York personal injury cases, shared fault affects how much someone may recover rather than whether they can bring a claim at all. Potential damages may include medical expenses, lost income, and certain other economic or non-economic losses when supported by evidence and applicable law.

If comparative negligence applies, those damages may be reduced based on the injured person’s share of responsibility. Motor vehicle cases may require additional analysis because of the separate shared-fault rule discussed above. Insurance coverage, the number of responsible parties, and the circumstances of the accident may also affect how the claim proceeds.

What to Do If You May Be Partly at Fault

Being partly responsible does not necessarily mean you should assume you cannot pursue a claim.

Keep copies of accident-related evidence, insurance communications, medical records, and documentation of financial losses. Avoid guessing about facts you do not know or agreeing to a percentage of responsibility simply because an insurer assigns one. Legal guidance may be particularly useful when fault is disputed, multiple parties may be responsible, or it is unclear which New York shared-fault rule applies.

If you were injured and have questions about a partially at fault personal injury claim, The Barnes Firm is available to provide guidance. Contact The Barnes Firm online or call (800) 800-0000 to discuss your circumstances and the options that may be available.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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