New York’s comparative negligence law has changed for motor vehicle accidents. While pure comparative negligence still applies to most personal injury cases, motor vehicle accidents now follow a modified rule: if you are more than 50% at fault, you cannot recover any damages. If you are 50% or less at fault, your damages will be reduced in proportion to your share of the fault. These changes are effective for all motor vehicle accident cases commenced on or after May 26, 2026.
The responsible party’s insurance company may unfairly try to shift the blame onto you to reduce their liability. These companies often conduct thorough investigations, looking for ways to discredit victims or pressure them into admitting fault. If you’ve been injured in an accident, it’s essential to have experienced legal representation on your side. Our Westchester County personal injury lawyers, Bronx personal injury lawyers, and Queens personal injury lawyers are here to fight for your rights. With offices in White Plains, the Bronx, and Queens, we are conveniently located to serve injury victims across these areas. Contact us today to learn how state laws impact your personal injury case.
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Pure Comparative Negligence vs. Modified Comparative Negligence
New York has modified its comparative negligence rule specifically for motor vehicle accident cases. Previously, plaintiffs could recover even if they were 99% at fault. Now, if a plaintiff in a motor vehicle accident is found to be MORE than 50% at fault, they cannot recover ANY damages. If the plaintiff is 50% or less at fault, compensation is reduced proportionately. This modified rule applies only to motor vehicle accidents and does not apply to other personal injury cases like slip-and-fall or premises liability.
For other types of personal injury cases (not motor vehicle accidents), New York continues to follow pure comparative negligence, meaning you can recover compensation even if you are mostly at fault, with damages reduced by your percentage of fault.
Pure Comparative Negligence
In a pure comparative negligence state, you are entitled to recover compensation from the other party or their insurance company—even if you are as much as 99 percent at fault for the accident. However, the other party will also be entitled to recover compensation from you or your insurance company if they were injured due to your negligence. In addition, your compensation will be significantly lower if you share a large percentage of the fault.
Modified Comparative Negligence
Modified comparative negligence states work similarly to pure comparative negligence states with one key difference: If your share of fault is too high, you cannot recover any compensation whatsoever. In some modified comparative negligence states, compensation is automatically barred if your share of fault is 50 percent or higher, while others set the threshold at 51 percent or higher. If your share of the fault is lower than 50 or 51 percent, your compensation will simply be reduced similarly to pure comparative fault states.
Contributory Negligence vs. Comparative Negligence
A few states are contributory negligence states. Contributory negligence is the most stringent of the doctrines discussed on this page. In a contributory negligence state, you are prohibited from recovering compensation if you share any blame—even if you are only slightly at fault.
How Does Pure Comparative Negligence Impact Lawsuits in New York?
In New York, you can get compensation if you were partly at fault for an accident, as the state follows a pure comparative negligence system. Being found partly at fault will not automatically bar you from recovering compensation, but it can significantly affect the amount you receive. Your share of the fault will be expressed as a percentage, which will then be deducted from your damages, resulting in a reduced amount of compensation.
This differs from the approach in modified comparative negligence states, which cut off your right to recover compensation if your share of fault reaches the 50/51 percent threshold. For example:
Scenario 2: You were injured in a car accident for which you were found 52 percent at fault, and your damages are $100,000. Under NEW New York law effective May 26, 2026, you would receive NOTHING because you are more than 50% at fault. HOWEVER – if you were found 48% at fault in the same car accident with $100,000 in damages, you would recover $52,000 (your damages reduced by your 48% fault percentage).
IMPORTANT NOTE: These modified comparative fault rules apply ONLY to motor vehicle accidents. For other personal injury cases (slip-and-fall, construction accidents, etc.), the old pure comparative negligence rule still applies, and you could recover even if 52% at fault.
How Can a Personal Injury Attorney Help Determine Fault?
Assigning as much fault as possible to victims is one of the most common strategies insurance companies use to minimize the compensation they must pay. The higher your percentage of fault, the lower their liability and responsibility to pay. Insurance companies often send investigative teams to accident sites to look for evidence they can use against you. If they fail, adjusters may contact you and try to get you to admit fault for the accident; in other words, many adjusters will use all means at their disposal to try to limit your claim.
You do not have to accept the insurance company’s biased finding of fault against you. When you have our skilled New York injury lawyers working for you, we will conduct a thorough investigation into your accident to determine exactly how it happened and what factors contributed to your injuries. We will identify all of the responsible parties and protect you from undeserved blame.
We will also communicate with the insurance company on your behalf. We know what to say and what not to say. By protecting you from unfair accusations that you were at fault for the accident, we will put you in a strong position to recover the maximum compensation available.
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Types of Accidents We Handle that Are Affected by Comparative Fault Laws
We handle all types of personal injury cases that may be affected by New York’s comparative negligence law, including:
Have Questions About Comparative Negligence Laws in New York? Contact a Car Accident Lawyer at Lever & Ecker.
If you were wrongly blamed for a car accident in New York in which you were injured, contact an attorney immediately. For motor vehicle accidents, being partially at fault matters significantly: if you are found more than 50% at fault, you cannot recover any compensation. Our skilled car accident lawyers can help determine your actual fault percentage and protect your right to recovery.
Contact us online or call (914) 288-9191 to schedule your free case evaluation. We take personal injury cases . . . very personally.®
