Learn how comparative negligence works in New York personal injury claims, including examples and how it differs from other states
Accidents aren’t always black and white. Maybe you were texting when you tripped on a broken Bronx sidewalk. Or maybe both drivers made mistakes before a crash on the Cross Bronx Expressway. In New York, that doesn’t mean you’re out of luck. Thanks to a legal rule called comparative negligence, you may still be entitled to compensation, even if you were mostly at fault.
Whether you slipped in a Bronx building lobby, crashed on Fordham Road, or were hit in a Grand Concourse crosswalk, this rule could dramatically affect your case outcome. Here’s what Bronx residents need to know.
What’s in This Guide
- What is comparative negligence?
- Comparative negligence vs. contributory negligence
- Types of comparative negligence: pure, modified, partial
- How New York’s pure comparative negligence rule works
- Comparative negligence example: Who pays what?
- Challenges in proving fault
What is Comparative Negligence?
Comparative negligence is a legal rule that divides responsibility when more than one person contributes to an accident. Instead of completely blaming one party, the law allows for shared fault and adjusts compensation accordingly.
So, if you’re injured but partly to blame, your financial recovery may be reduced by your percentage of fault.
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Comparative Negligence vs. Contributory Negligence
Under contributory negligence, a plaintiff who is even 1% at fault can be completely barred from recovering any damages. That harsh system is still used in a few states, like Alabama and Maryland.
New York, on the other hand, follows pure comparative negligence rules. This means that even if you’re 90% at fault, you can still recover 10% of your damages.
Types of Comparative Negligence
There are three main types used across the U.S.:
- Pure comparative negligence: You can recover even if you were 99% at fault (used in New York).
- Modified comparative negligence: Recovery allowed only if you’re less than 50% or 51% at fault (depends on the state).
- Partial comparative negligence: A general term sometimes used interchangeably with modified.
How New York’s Pure Comparative Negligence Rule Works
In New York, courts assign a percentage of blame to each party. Your compensation is reduced by the percentage you were at fault.
Comparative Negligence Example:
You trip on a broken sidewalk while texting. The court finds you 25% responsible and the city 75% at fault. If your total damages were $40,000, you would still recover $30,000 (75%).
This system prioritizes fairness, especially in situations where fault is shared.
Were you speeding before your car accident? Read our latest blog on what to do.
Challenges in Proving Fault
Establishing who was responsible—and by how much—is often the most contested part of a case. Attorneys use:
- Surveillance footage
- Witness statements
- Expert analysis (like accident reconstruction)
- Photos of injuries, vehicles, or property
Insurance companies may try to inflate your percentage of fault to reduce their payout, which is why having an experienced Bronx personal injury lawyer matters.
Contact Chaikin Trial Group – Bronx Personal Injury Lawyers
If you’ve been injured in a Bronx accident—whether it’s a slip and fall, pedestrian accident, or car crash on the Cross Bronx Expressway—you don’t have to figure out comparative negligence on your own.
Chaikin Trial Group fights for Bronx residents to ensure insurance companies don’t unfairly blame you or reduce your settlement. We know how New York’s pure comparative negligence law applies and how to maximize your compensation, even if you were partly at fault.
Call us today or complete a free case evaluation form.
