Understanding Comparative Negligence in New York Personal Injury Cases

Introduction

After an accident, one of the first questions clients ask is, “Can I still recover if I was partly at fault?” In New York, the answer is yes. The state follows a rule called comparative negligence, which allows injured people to collect compensation even when they share some of the blame.

How Comparative Negligence Works

Comparative negligence simply means that fault is divided among everyone involved in the accident. If a jury finds you 20 percent responsible and the other party 80 percent, you can still recover 80 percent of your damages. It’s a fair system that acknowledges life isn’t black and white—accidents are often shared mistakes.

Real-World Example

Imagine you’re driving in Manhattan and another car hits you while changing lanes. You weren’t speeding, but you were glancing at your GPS. Even though you’re partly at fault, you can still recover most of your losses. The key is proving that the other driver’s negligence was greater than yours.

Why Fault Matters in Insurance Claims

Insurance companies often try to exaggerate your percentage of fault to lower their payout. They may argue you were distracted, not paying attention, or crossing outside a crosswalk. That’s why having a lawyer on your side early helps—your attorney can gather evidence, speak to witnesses, and push back against unfair blame.

How Seelig Law Protects Your Rights

At Seelig Law, we handle the full investigation—reviewing police reports, medical records, and surveillance footage when available. We negotiate directly with insurers so you don’t have to, and we don’t settle for less than what your injuries deserve. Even if you think you were partly at fault, you might be entitled to significant compensation.

Call Seelig Law today at (212) 766-0600.

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney about your specific circumstances.