Last Updated: 10-15-2026
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Many injury victims worry that a mistake of their own will wipe out their claim. In New York, that is often not the case. The state follows a comparative fault rule, which means your compensation is usually reduced by your share of the blame instead of being denied outright.
This guide explains how comparative fault works, how fault is decided, and how to protect your claim. If you were hurt in a crash, a Brooklyn car accident lawyer can explain how the rule applies to your situation.
What Is Comparative Fault?
Comparative fault is a rule for sharing responsibility when more than one person contributed to an accident. A jury, or an insurance company during settlement talks, assigns a percentage of fault to each person involved.
New York is often described as a “pure” comparative fault state. Under CPLR 1411, your own carelessness does not bar a claim in most injury cases. Instead, the damages are reduced in proportion to your share of fault.
How the Reduction Works
The math is simple. Your total damages are reduced by your percentage of fault.
- A jury finds your total loss is $100,000 and you were 20 percent at fault. Your award is $80,000.
- Your total loss is $250,000 and you were 40 percent at fault. Your award is $150,000.
Because the reduction is proportional, every percentage point matters. A small shift in fault can change the value of a claim by thousands of dollars, which is why insurers work hard to assign more blame to the injured person.
How Fault Is Decided
Fault is based on evidence. Police reports, photos, video footage, witness statements, and medical records all shape how blame is divided. Our guide on what evidence you need for a personal injury claim explains what to collect.
Fault also builds on the basic rules of negligence. To assign blame, a jury asks who failed to use reasonable care and whose carelessness caused the harm. You can read more in our guide to understanding negligence in Brooklyn.
Fault Arguments Insurers Often Make
Insurance adjusters often look for ways to shift blame onto the injured person. Common arguments include that the injured person:
- Was speeding, distracted, or looking at a phone.
- Crossed the street outside a crosswalk or against a signal.
- Failed to notice an obvious hazard on a property.
- Did not follow a posted warning or safety rule.
These arguments are not always accurate. Evidence often shows that the other party carried most or all of the responsibility.
How Comparative Fault Affects Different Claims
Comparative fault can come up in many kinds of cases:
- Car accidents: Both drivers may be blamed, for example when one changes lanes unsafely and the other is speeding.
- Motorcycle accidents: Riders are sometimes blamed unfairly. A Brooklyn motorcycle accident lawyer can push back on those arguments.
- Slip and fall accidents: A property owner may argue that you were not paying attention. A Brooklyn slip and fall lawyer can show why the hazard was the real problem.
How to Protect Your Claim
What you say and do after an accident can affect how fault is assigned. Keep these steps in mind:
- Do not guess about fault. Avoid saying “I’m sorry” or “it was my fault” at the scene.
- Be careful with insurers. Review our guide to dealing with insurance companies after an accident before giving a recorded statement.
- Get medical care quickly. Delays can be used to question how serious your injuries are.
- Document everything. Take photos, save records, and write down what you remember.
Fault also affects the final amount of your recovery. Our guide to economic and non-economic damages explains what compensation may cover before any reduction is applied.
Talk to a Brooklyn Personal Injury Lawyer
If you think you may share some blame for an accident, you may still have a strong claim. The lawyers at Edelstein, Faegenburg & Blyakher, LLP can review the facts and explain your options. Call us or send a message through our contact page to request a free consultation.
We also help injured people in Manhattan.