Everything You Need to Know About Comparative Negligence in New York

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When you or someone you know has been injured as a result of someone else’s negligence, you can file a case in court and seek compensation. However, will you still be able to claim compensation if you yourself are partially to blame for your injuries?At Alex Yadgarov & Associates, as auto accident attorneys in New York and work-related accident attorneys in New York, we often find ourselves frequently answering this question.

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The answer to this question depends on the legal principle of comparative negligence and how New York has incorporated it into its law. In this post, we’ll explain and break down the comparative negligence laws of New York and give insights as to how it may affect your claim and compensation.

Pure Comparative vs. Modified Comparative Negligence

Before we discuss how comparative negligence operates in New York, it is important that we establish the distinction between pure comparative negligence and modified comparative negligence.

In pure comparative negligence, a party is entitled to recover damages from the other party even if the injured party is more responsible for their own injuries compared to the accused. In terms of compensation, the amount you are able to claim will be reduced by the extent of your liability.

For example, you have been injured in a car accident and are now seeking $100,000 in damages. However, the court also finds that you’re 60% at fault for your own injury. Under pure comparative negligence, your compensation will be reduced by 60%, allowing you to claim the remaining 40%. In this example, you would only be entitled to $40,000 in damages.

On the other hand, modified comparative negligence works similarly to pure comparative negligence with one major difference. Under this approach, if the person is considered to bear 50% or 51% of the fault for the incident, they will be automatically barred from claiming any compensation.

Pure Comparative Negligence in New York

New York is one of the few states that adopts pure comparative negligence and is codified under Section 1411 of the New York State Civil Practice Laws and Rules (CPLR). It states that:

“In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but amount to 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”

Defendants such as insurance companies often cite the doctrine attempting to reduce their culpability and payout. This is commonly seen in auto accidents, motorcycle accidents, pedestrian accidents, slip & fall injuries, and construction accidents, where such as not wearing seat belts, not wearing protective equipment, and not exercising caution when crossing the street can be pointed out by the defense to reduce the compensation paid under comparative negligence.

Advice to Dealing with Comparative Negligence in New York

In personal injury matters, it is important for you to maximize the compensation you receive. Based on our experience as some of the top accident lawyers in New York, we have often seen the defense attempt to point out fault in the plaintiff’s conduct and justify reducing the compensation using the doctrine of comparative negligence.

To protect your claim from comparative negligence, we advise you do and not do the following:

Do not apologize or make any statements that can be interpreted as you accepting blame (e.g., “I should have been more careful”).
Do not post about your case on social media.
Do not make any official recorded statements without the advice of your attorney.
Gather strong evidence such as photographs of the scene of the accident, weather reports, police reports, and medical reports.
Work with an experienced personal injury attorney to build your case and protect your rights.

Conclusion

While claiming compensation on personal injury matters is relatively straightforward, it can get complicated if the person injured is partially at fault. In such situations, New York law considers the doctrine of pure comparative negligence. Accordingly, the amount that can be claimed is reduced by the extent of the injured party’s liability.

At Alex Yadgarov & Associates, we understand how comparative negligence can affect your claim. By carefully gathering evidence, we will help you build the strongest possible case and make sure that the defense cannot rely on comparative negligence to reduce your claim.