Can I Sue If Partially at Fault in NY?
Why You Should Never Assume You’re Too At Fault to File a Personal Injury Claim in NY
When you’re involved in an accident in New York City, it’s common to second-guess your actions. “Was I looking at my phone? Did I step off the curb too quickly?” These thoughts can quickly lead to the assumption: “Maybe the accident was my fault, so I can’t sue.” But in New York, that assumption could cost you the compensation you deserve.
Let’s clear up the confusion: even if you were partially responsible for an accident, you may still have the right to file a personal injury claim and recover money for your injuries.
Understanding New York’s Pure Comparative Negligence Rule
What Does Pure Comparative Negligence Mean?
New York follows a legal doctrine known as pure comparative negligence. This system allows injury victims to recover damages even if they were partially or mostly at fault. The amount of compensation you’re entitled to is reduced by your percentage of fault, but not eliminated entirely.
For example:
- If you are found to be 30% at fault, you can still recover 70% of your total damages.
- Even if you’re 90% at fault, you can still recover 10%.
This legal structure means you should never assume you’re too at fault to sue in New York.
Real-Life Scenarios: You Might Still Have a Case
Many New Yorkers wrongly believe they cannot sue because they “caused” or “contributed to” an accident. Here are examples where partial fault does not prevent a successful claim:
- You were speeding but the other driver ran a red light.
- You crossed mid-block, but the driver was distracted or intoxicated.
- You failed to use a turn signal, but the other car made an illegal lane change.
- You slipped in a store while wearing worn-out shoes, but the floor was wet with no warning sign.
- You were cycling outside the bike lane, but the driver was texting and veered into you.
In each case, liability is shared, and the law allows courts to assign a percentage of fault to each party.
These examples demonstrate why it’s crucial not to rule yourself out just because you made a mistake. Even if your actions contributed to the accident, you may still be legally entitled to compensation.
Common Myths About Fault and Personal Injury in NYC
Myth 1: I can’t sue because I was partly at fault
Truth: New York law allows shared fault claims. Your recovery will be adjusted based on your percentage of responsibility, but your right to pursue damages remains.
Myth 2: Insurance companies will automatically deny my claim
Truth: Insurers may try—but with legal support, you can challenge unfair denials. Insurance companies aim to minimize payouts. Having legal representation helps ensure your side of the story is heard and that your rights are protected.
Myth 3: It’s not worth pursuing a claim if I was more than 50% at fault
Truth: You can recover any amount corresponding to the other party’s responsibility. In New York, there is no threshold of fault that bars recovery entirely.
The Role of Cohan Law Firm in Shared Fault Cases
Why Legal Advice Is Crucial
In shared fault situations, having a knowledgeable personal injury attorney is essential. An experienced lawyer can:
- Gather evidence to minimize your percentage of fault.
- Investigate the full circumstances of the accident.
- Consult experts when necessary.
- Negotiate effectively with insurers.
- Ensure all damages (medical bills, lost wages, pain and suffering) are accounted for.
At Cohan Law Firm, our legal team understands how New York’s comparative negligence laws work and how to build a strong case even when fault is disputed.
We have helped countless clients recover compensation despite shared fault, by presenting strong evidence, leveraging legal expertise, and standing firm against lowball insurance offers. Even if you’re unsure about your level of fault, it’s worth speaking to a qualified attorney.
How Cohan Law Firm Can Help
- Free case evaluations for accident victims.
- Honest assessment of your legal options.
- Proven experience with comparative negligence claims.
- Dedicated support through every step of the process.
Let Cohan Law Firm guide you through the complexities of shared fault law. You don’t have to navigate this alone.
Don’t Let Fault Stop You From Seeking Justice
If you were injured in NYC and think you may be partially at fault, don’t assume you have no options. Let a professional evaluate your case.
You may still be eligible for a substantial settlement, even if you played a role in the accident. Filing a claim could cover medical bills, lost wages, emotional distress, and long-term care needs. The first step is knowing your rights.
Contact us today for a free consultation and get clarity on your legal options. We will review your case, explain how New York law applies, and help you move forward with confidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.