Pure Comparative Fault Law in New York

Close up of a car crash

When you are involved in a serious car accident, you will most likely wish to pursue your legal options for recovering compensation for the damages you sustain. However, your ability to do so will be directly impacted by the degree to which you are at fault. This level, usually determined through investigations of the incident, will then be used as the basis for determining how much you will be eligible to recover. This is referred to as New York’s “Comparative Fault” law.

There are three types of comparative fault laws that every U.S. state falls under. New York’s is one of the most forgiving for drivers, known as “Pure Comparative Fault.” What this says is that all drivers, even those deemed to be 99% at fault, are eligible to recover damages. However, your recovery may be reduced or mitigated by your percentage of fault.

What this means is that if you are involved in an accident, you will be eligible to recover damages unless you are deemed to be completely at-fault. This has been criticized for allowing mostly at-fault plaintiffs to still recover, however it is good for drivers in that it does mean everyone is held responsible for the portion of an incident which they caused.

When you are involved in a car accident, it’s important that you perform your due diligence under the law and report the claim to your insurance company as soon as possible, including undergoing your insurance interview. Doing this and being as thorough as possible with details can assist your case greatly, as well as possibly even reduce or eliminate your fault entirely, depending on the results of the investigation.

After doing so, it is important to secure the services of a skilled New York car accident attorney who can assist you with this comparative negligence law. A lawyer can analyze the facts and evidence provided to your case and determine the best course of action for pursuing your compensation, as well as protect you in the event the other party attempts to sue you for damages of their own.

If you need legal assistance after an auto accident in New York, reach out to the professional team at Loscalzo & Loscalzo, P.C. Our lawyers have helped New Yorkers with their personal injury and auto accident cases for more than 46 years. The experience our team has accrued over that time has allowed us to develop a long record of successful cases and satisfied clients. We take pride in placing the service of our clients first, providing each of them with an open line of communication, constant updates, and legal advice that places their needs and best interests at the forefront of the process.

Call Loscalzo & Loscalzo, P.C. at (646) 846-4776 today and schedule your free, no-obligation case evaluation with one of our top-rated attorneys.