Posted on 09/17/26
You can still file an auto accident lawsuit if you were partially at fault for a wreck in New York. However, whether you can recover compensation can depend on whether the incident involved a motor vehicle.
What Modified Comparative Fault Means in Motor Vehicle Accident Cases in New York
On May 26, 2026, New York Civil Practice Law and Rules (CPLR) Section 1411 was amended for certain personal injury actions subject to Article 51 of the New York Insurance Law.
At this time, modified comparative fault was put into effect for motor vehicle accident cases.
Under modified comparative fault, if you sue someone for injuries from an auto accident and are 50% or less liable, your damages can be reduced by your percentage of fault.
Alternatively, if you sue for injuries from a car accident and are 51% or more at fault, you are barred from recovering damages.
Modified comparative fault for motor vehicle accident lawsuits in New York took effect May 26, 2026. It applies to such lawsuits that commence on or after this date.
Previously, New York followed a pure comparative negligence rule for motor vehicle accidents. With this, a judge or jury was able to award partial damages based on the plaintiff’s percentage of fault.
How Judges and Juries Treat New York Accidents in Which Multiple Parties Share Liability
For those involved in New York personal injury lawsuits, judges and juries will consider the facts of the case and relevant evidence as they decide whether to award damages.
If you file a lawsuit and are partially at fault for an accident in New York, you can still recover compensatory damages, regardless of whether the incident involved a motor vehicle.
Those who sue for a faulty product, slip and fall, dog bite, or anything other than a motor vehicle accident are subject to pure comparative negligence.
On the other hand, if you sue for a car accident, motorcycle accident, truck accident, or another type of motor vehicle accident, you are subject to modified comparative fault.
New York’s Pure Comparative Negligence Rule for Other Personal Injury Cases
When you file a personal injury lawsuit in New York that’s subject to pure comparative negligence and are partly at fault, your damages can be reduced proportionate to your percentage of fault.
In accordance with New York’s pure comparative negligence rule, if you are 1-99% at fault for your accident, you’re still able to recover partial damages for your losses from the incident.
For a motor vehicle accident lawsuit, if you are 1-50% to blame, the court will award partial damages.
Conversely, if you are 51% or more to blame for your motor vehicle accident, you are barred from receiving damages.
Should You File a Lawsuit If You’re Partly at Fault for an Accident in New York?
File a lawsuit for a New York accident if you want to recover economic and non-economic damages, including pain and suffering, lost wages, and medical bills.
New York typically applies pure comparative negligence to personal injury cases that aren’t subject to the modified comparative fault rule in CPLR Section 1411(b).
Certain personal injury actions subject to Article 51 of the New York Insurance Law are governed by the modified comparative fault rule.