Understanding Comparative Fault in New York Personal Injury Cases
Jason Altman

In the aftermath of an accident, it’s not always clear-cut who was at fault. Maybe both drivers made mistakes, or maybe a property owner claims you were partly to blame for a fall. In New York, the concept of comparative fault plays a critical role in determining how much compensation you’re entitled to—even if you were partially responsible.

At Jason C. Altman P.C., we routinely explain how comparative fault works to clients across Long Island, from Hempstead to Holbrook, and use it to build strong, fair claims that protect their rights.

What Is Comparative Fault in New York?

New York follows a pure comparative negligence rule. That means:

  • You can still recover compensation even if you were partly at fault.

  • Your compensation is reduced based on your percentage of fault.

So, if you’re found 30% at fault in a $100,000 case, you could still recover $70,000.

Why This Matters for Injury Victims in Long Island

Insurance companies love to point fingers. In Nassau County and Suffolk County, we’ve seen countless cases where insurers try to shift blame onto the injured person to reduce what they pay.

Whether it’s a car crash in Huntington, a slip and fall in Valley Stream, or a dog bite incident in Port Jefferson, understanding how shared fault could affect your claim is essential to getting the full value of your case.

Examples of Comparative Fault in Action

Here are a few common scenarios we’ve handled for injured clients on Long Island:

  • Auto Accident: You were rear-ended, but your brake lights weren’t working properly. The insurer claims you’re 20% at fault.

  • Slip and Fall: You fell on an icy walkway outside a store in Smithtown, but they claim you were distracted by your phone.

  • Pedestrian Injury: You were struck in a crosswalk, but the driver’s attorney argues you stepped into traffic without looking.

In all of these examples, your potential recovery depends on how fault is allocated—and how effectively your attorney pushes back against unfair blame.

How Fault Is Determined in NY Personal Injury Cases

Fault is usually decided in one of three ways:

  1. Insurance Adjusters – Often try to assign blame to avoid paying full claims.

  2. Settlement Negotiations – Your attorney can argue down your share of fault using evidence.

  3. Jury or Judge – In court, your fault percentage may be decided at trial based on testimony and facts.

What Evidence Helps Limit Your Fault?

A thorough investigation can help reduce or eliminate any unfair share of blame. We collect and analyze:

  • Police reports and witness statements

  • Video footage or photos from the scene

  • Expert opinions (like accident reconstructionists)

  • Medical records and treatment timelines

  • Property records or maintenance logs in premises liability cases

Why You Still Need a Lawyer—Even If You Think You Were Partly to Blame

Many injury victims hesitate to call a lawyer if they think they were “a little bit” at fault. That’s a mistake. Under New York law, being 10%, 25%, or even 49% responsible doesn’t bar you from seeking compensation.

We’ve helped injured people throughout Massapequa, Brentwood, and Garden City recover money they thought they had no chance of seeing—just because they assumed the accident was “partly their fault.”

Common Myths About Fault in NY Injury Cases

  • “If I was partly at fault, I can’t sue.”
    False – You can, and you should.

  • “The insurance company already decided who was at fault, and that’s final.”
    Wrong – Their decision is not binding. A lawyer can dispute it with real evidence.

  • “It’s not worth pursuing a claim if I was mostly to blame.”
    Depends – Even if you’re 70% at fault, you could still recover 30% of a large claim. It adds up.

Quick Tips for Strengthening Your Claim

  • Avoid saying “I’m sorry” or anything that could be seen as admitting fault

  • Take photos at the scene whenever possible

  • Seek medical attention right away and follow all treatment

  • Call an attorney before speaking to the other side’s insurance company

Let’s Talk About Your Case—Even If You Think You Might Be Partly At Fault

At Jason C. Altman P.C., we help injured people throughout Long Island understand their rights and protect their financial future—especially in cases where fault isn’t black and white. We take the time to listen, investigate, and advocate so you don’t get shortchanged by the system.

Think you might be partly at fault? Don’t let that stop you.
Contact us today for a free consultation and let’s talk about what your case may really be worth.