New York’s Comparative Negligence Laws and How They Impact Car Accident Claims

When a car accident occurs in New York, determining who is at fault is not always straightforward. Sometimes, both drivers contribute to the collision, or at least that’s what the insurance company wants you to think. New York follows comparative negligence laws, which means that even if you were partially responsible for the accident, you may still have the right to pursue compensation. However, the amount you can recover will be adjusted based on your percentage of fault.

Understanding how comparative negligence works is essential for anyone involved in a car accident in New York. At Rusk, Wadlin, Heppner & Martuscello, LLP, we help car accident victims in Ulster County and the Hudson Valley navigate New York’s complex personal injury laws and fight for the compensation they deserve. Learn more below about how shared fault can affect your claim, and contact our office for skilled legal assistance from an experienced Kingston car accident lawyer.

What Is Comparative Negligence?

Comparative negligence is a legal principle that allocates fault among all parties involved in an accident. Rather than holding one person entirely responsible, New York courts or juries may assign a percentage of blame to each driver based on their contribution to the collision. Outside of court, disputes over shared fault often play into settlement negotiations.

New York is one of a dozen states that applies a pure comparative negligence standard. This means that even if you are found to be 99% at fault, you can still recover damages for the remaining 1% of the other party’s liability. However, your compensation will be reduced by your share of the fault, so the more you are responsible for the accident, the less you can recover from the other negligent party.

Example of Comparative Negligence in a New York Car Accident Claim

Suppose you are involved in an accident where another driver ran a red light, but you were speeding at the time of the crash. If your case goes to trial, the jury might decide that the other driver was 70% at fault for disobeying the traffic signal, and you were 30% at fault for speeding. If your total damages are $100,000, your compensation would be reduced by 30%, allowing you to recover $70,000.

Even though you share responsibility, New York’s comparative negligence system still permits you to pursue financial recovery, which can be crucial for covering medical expenses, lost income, and other accident-related costs.

Key Factors That Influence Fault Determinations

Several factors are considered when determining fault percentages in a car accident:

• Traffic Violations: Running a red light, speeding, or failing to yield can heavily influence the apportionment of fault.
• Witness Testimony: Statements from other drivers, passengers, or bystanders can clarify how the accident occurred.
• Police Reports: Law enforcement records often provide an initial assessment of fault and document key evidence.
• Physical Evidence: Damage to the vehicles, skid marks, and surveillance footage can help reconstruct the accident.
• Admitted Fault: Statements made at the scene or given to insurance companies can be used when evaluating liability.

It is important to remember that insurance companies will conduct their own investigations and often attempt to shift blame onto you to reduce their financial responsibility. Having a knowledgeable personal injury attorney on your side can protect your interests during these negotiations.

How Comparative Negligence Affects Insurance Settlements

New York’s no-fault insurance system initially provides compensation for basic economic losses like medical expenses and lost wages through Personal Injury Protection, regardless of who caused the accident. However, if your injuries are classified as “serious” under New York law—such as significant disfigurement, bone fractures, or permanent limitations—you may step outside the no-fault system and file a liability claim against the at-fault driver.

When pursuing this type of claim, comparative negligence becomes a critical factor. The opposing insurance company will often argue that you bear some responsibility for the accident to minimize their payout. The more blame they can assign to you, the less compensation you will ultimately receive.

A skilled attorney can help present your case effectively, challenge unfair fault assessments, and negotiate a settlement that properly reflects the other driver’s responsibility.

Steps to Protect Your Claim After an Accident

After a car accident in New York, your actions can influence the determination of fault and the strength of your claim. Here are essential steps to take:

1. Seek Medical Attention Immediately: Prompt treatment creates a clear record of your injuries and their connection to the accident.
2. Document the Scene: Take photos of the vehicles, damage, road conditions, and any visible injuries.
3. Obtain Contact Information: Get the names, phone numbers, and insurance details of all drivers involved, as well as contact information for witnesses.
4. Avoid Admitting Fault: Even casual comments at the scene can later be used to argue that you accepted responsibility.
5. Consult a Car Accident Attorney: An experienced attorney can guide you through the claims process and advocate for a fair assessment of liability.

Why Comparative Negligence Requires Skilled Legal Representation

Comparative negligence cases often involve careful analysis of the facts, detailed accident reconstruction, and strategic negotiation with insurance companies. In many instances, multiple parties may share fault, including drivers, vehicle owners, municipalities, or even manufacturers.

At Rusk, Wadlin, Heppner & Martuscello, LLP, we understand how New York’s comparative negligence laws work and how to build strong cases for injured drivers. We know how to gather evidence, challenge the insurance company’s efforts to assign you excessive blame, and maximize your potential recovery.

Whether you were partially at fault or are disputing the insurance company’s findings, we can help protect your rights and work toward securing the compensation you need to move forward.

Contact Us for Help With Your Ulster County Car Accident Claim

If you or a loved one has been injured in a car accident in Kingston, Ulster County, or the Hudson Valley, don’t try to manage this complex process alone. Contact Rusk, Wadlin, Heppner & Martuscello, LLP today for a free consultation to discuss your case and learn how New York’s comparative negligence laws may impact your claim. We can be reached at our offices in Kingston at 845-331-4100, Marlboro at 845-236-4411, or toll-free throughout the Hudson Valley at 800-566-4101. Let our experienced team help you understand your rights and pursue the compensation you deserve.