Life moves quickly, and accidents can happen in snap. It is easy to trip or suffer a serious injury, and on a limited budget, it can feel like the worst possible timing.
Before you assume you are out of luck, it is worth understanding how New York handles shared fault in personal injury cases. This is where the state’s comparative fault laws come into play.
What is comparative fault in New York?
New York follows a rule called pure comparative fault. This law allows injured people to recover damages even if they were partly or mostly responsible for what happened. The amount you can recover is reduced by your share of the fault. This system ensures that even when responsibility is shared, injured people still have a path to recovery.
Accidents amid chaos
You may find yourself in situations where accidents happen quickly and responsibility is not so clear-cut. Here are some examples of everyday incidents where you might share fault:
- You were hit by a car while jaywalking, but the driver was speeding.
- You slipped in a public place while texting, but there were no warning signs after mopping.
- You got into a scooter accident without a helmet, but another rider cut you off.
Your own actions may have played a role in the accident, but if someone else was also negligent, New York law allows you to seek compensation.
Do not count yourself out
It is easy to assume that being “partly to blame” means you do not have a case, but that is not how the law works in New York. Personal injury claims are rarely black and white. If you have been hurt, the best step you can take is to speak with an experienced personal injury attorney who can explain your options and help protect your rights.