Can you recover damages if you were partially at fault in New York?

Many accident victims assume that if they made a minor driving mistake, hesitated, or crossed outside a crosswalk, they are barred from receiving any compensation. Under New York law, this is completely false.

New York’s Pure Comparative Negligence Rule (CPLR § 1411)

New York is a "Pure Comparative Negligence" state governed by New York Civil Practice Law and Rules (CPLR) Section 1411. Under this statute, an injured plaintiff’s culpable conduct does not defeat recovery; it merely reduces the damages recoverable in proportion to the plaintiff’s culpable conduct.

Even if an injured party is determined to be 90% responsible, they can still legally recover the remaining 10% of their damages under New York law.