Contributory Negligence vs. Comparative Negligence in New York

In New York’s buzzing metropolis, navigating in the legal land of car accident claims is confusing and complex. If you or a loved one have been injured in a car accident, it is always a good idea to seek help from an NY personal injury attorney before accepting an offer from insurance.

Because New York is a no-fault state, your injury claim starts with your auto insurance provider. If you have severe injuries, you may be able to file a lawsuit against an at-fault offender.

This is where fault and negligence enter the picture. Typically, to receive compensation, you must show that the other driver caused the accident, which led to your injuries. It’s important to know the difference between contributory negligence and comparative negligence when filing a personal injury claim.

New York is a pure comparative negligence state. So, you can be 99% at fault and still receive 1% of the settlement amount. Historically, states in the U.S. followed the doctrine of contributory negligence. This doctrine prevented a plaintiff from suing another party if they were injured and partially to blame for an accident. However, states, over time, found this rule to be unfair and inequitable.

Other states have established some form of comparative negligence standard in their legislation. Therefore, plaintiffs may still be able to pursue a claim if they are partly to blame, with the recovery decreasing in proportion to each party’s share of guilt.

In many states, the bar is set at 50% or 51% for filing  a lawsuit. That means you have to be either 49% or 50% at fault to file a claim and receive compensation.

Examples of Comparative Negligence Accidents/Claims

You can use the doctrine of pure comparative negligence in one of several types of personal injury claims, not just those involving motor vehicles. Below are some examples.

• Auto accidents, where an occupant in a car was not wearing their seatbelt.
• Truck mishaps, where a driver drove in such a way as to obstruct a truck driver’s blind spot.
• Bicycle accidents – where a cyclist did not signal their intentions or was not wearing reflective gear or clothing.
• Pedestrian accidents, when the pedestrian did not cross at a light or a crosswalk.
• Motorcycle accidents, when the rider was not wearing a helmet, or was swerving in and out of lanes.
• Bus accidents, when the plaintiff in the claim did not wait for a bus to come to a full stop before standing up and exiting.
• Medical malpractice, when the patient did not fully disclose their medical history before a surgical procedure, or they failed to follow the doctor’s directives during treatment or after surgery.
• Premises liability, where the plaintiff did not pay attention to where they were going or did not heed warning signs about a wet floor.

In any of the above examples, if you were injured, but were guilty to some extent, you can still file a claim.

To ensure you do things right legally, you should contact a trusted personal injury lawyer at The Barnes Firm. Our team can help you learn more about your rights along these lines.

Why You Need to Speak to a Personal Injury Attorney Now

Don’t talk to the other party’s insurance company until you discuss your case with an attorney. A lawyer will investigate the accident and collect the required evidence to prove the culpability of each party.

Your lawyer will:

• Review the police report, eyewitness accounts, and your medical records to build a strong case.
• Determine the percentage of guilt of each party.
• Negotiate with insurance companies, pushing for an equitable settlement that adequately covers your injuries.
• Advance your funds to cover costs during recovery while they are working on your claim.

Without legal help, insurance companies will likely take advantage of your lack of experience and pressure you into accepting far less compensation than you deserve. Don’t let that happen to you. Get yourself an advocate who knows how to work in the legal system and fights for your rights. Comparative negligence claims can be complicated, an experienced lawyer at The Barnes Firm will advocate on your behalf in order to help you get the best result possible.

New York’s pure comparative fault rule, known as CPLR Section 1411, enables you to seek compensation proportionate to your share of the obligation. You won’t have to worry about being completely barred from recovery of a claim.

Speak to a New York Car Accident Lawyer Today

If you or a loved one has been injured in an accident in New York, contact The Barnes Firm about your accident claim today.

Richard Barnes – President of The Barnes Firm

“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