90% at Fault? You Can Still Recover
Even If You’re 90% at Fault, You May Still Recover Damages in NY
If you were injured in a car accident in New York and believe you were mostly to blame, you might assume you have no legal recourse. But here’s the surprising truth: even if you were 90% at fault, you may still be entitled to compensation. New York’s pure comparative negligence rule allows partially responsible victims to recover damages. In this article, we explain how it works, what it means for your case, and why it’s crucial to speak with a qualified attorney.
Understanding Comparative Negligence in New York
What Is Pure Comparative Negligence?
New York follows a system called pure comparative negligence. This means that after an accident, each party’s degree of fault is assigned a percentage, and your potential compensation is reduced by that percentage. For example:
- If your total damages are $100,000
- And you were 90% at fault
- You can still recover $10,000 (10% of total damages)
This rule applies even if your share of fault is greater than the other party’s. Unlike many other states, New York does not have a 50% or 51% bar to recovery. This is where Cohan Law Firm can help: by ensuring your case is properly evaluated and your share of fault minimized where possible.
What Types of Accidents Are Affected?
Pure comparative negligence applies to:
- Car accidents
- Pedestrian or bicycle accidents
- Slip and falls
- Construction site injuries
- Any personal injury claim where multiple parties may share blame
Even cases involving multiple vehicles or complex liability—such as ride-share or commercial truck accidents, may benefit from a comparative negligence analysis. It’s not uncommon for an initial assumption of fault to shift after a full investigation.
Common Misunderstandings About Fault and Compensation
Myth #1: “If I caused the accident, I can’t sue.”
Truth: In New York, you can sue even if you were mostly responsible. Your compensation will be reduced by your percentage of fault.
Myth #2: “Insurance will deny my claim.”
Truth: Insurance companies often take advantage of victims’ confusion. If you don’t understand your rights, they might offer you nothing or far less than you deserve. Having legal representation from Cohan Law Firm changes the outcome.
Myth #3: “A jury won’t side with me if I’m mostly at fault.”
Truth: Juries consider evidence, not assumptions. If the other party was even 10% negligent, and your damages are serious, you could still win meaningful compensation.
Additionally, many personal injury cases are resolved through negotiation, not in court. A persuasive attorney can argue for a fair settlement—even if the fault is heavily weighted against you.
How Fault Is Calculated
Determining Fault Percentages
Fault is typically determined by:
- Police reports and accident reconstructions
- Witness statements
- Traffic camera footage or surveillance videos
- Expert testimony (e.g., accident reconstructionists)
An experienced attorney can gather this evidence and argue your case for a fair allocation of fault. That’s why it’s essential to work with a team like Cohan Law Firm, who understand how to fight for fair outcomes in complex cases.
Comparative Negligence Chart Example
| Fault Percentage | Total Damages | Compensation You Receive |
| 30% | $50,000 | $35,000 |
| 70% | $100,000 | $30,000 |
| 90% | $200,000 | $20,000 |
Why You Still Have a Case, Even If You’re 90% at Fault
Even if you feel guilty or partially responsible, you may still have a valid claim. Here’s why:
- Medical costs and lost income still hurt. You deserve help with bills.
- The other party still had a role. If they were careless in any way, that matters.
- Legal strategy matters. A skilled attorney can reduce your assigned fault and maximize what you receive.
- The law protects you. New York’s comparative negligence rule ensures you are not completely barred from recovering.
- Your injuries are real. Pain and suffering are compensable, even if you contributed to the incident.
Cohan Law Firm is experienced in handling these nuanced situations, ensuring your rights are protected even when your case seems uncertain.
What to Do If You Think You’re Largely at Fault
Step-by-Step Actions to Protect Your Rights
- Don’t admit full blame. Let the facts speak.
- Document everything. Take photos, save records, collect witness names.
- Avoid early settlements. Don’t sign anything from insurance without legal advice.
- Speak to a personal injury lawyer in NYC. You may be surprised by how much you can recover.
Even a small percentage of fault on the other party’s side can result in thousands of dollars in compensation. Knowing how to preserve and present evidence is critical.
Case Example
Consider someone involved in a Brooklyn traffic collision who was speeding slightly but struck by a distracted driver. They initially believed they were entirely to blame. However, a legal review showed the other driver failed to yield. The client was found 75% at fault but still recovered over $40,000 with legal help.
In another case, a pedestrian crossed mid-block and was hit by a driver going above the speed limit. The pedestrian was found 90% at fault. With guidance from Cohan Law Firm, they still recovered compensation for medical expenses and rehabilitation.
Call to Action
If you were injured in an accident in New York and believe you were mostly at fault, don’t give up hope. You may still be entitled to compensation under state law. Contact Cohan Law Firm today for a free consultation. Let us evaluate your case and help you understand your legal options.
This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.