Posted on 09/17/26
On May 26, 2026, New York’s new comparative negligence law took effect for certain motor-vehicle personal injury actions subject to Article 51 of New York’s Insurance Law.
In accordance with New York Civil Practice Law and Rules (CPLR) Section 1411, in a typical two-party case, the claimant who is more than 50% at fault can be barred from recovering damages.
The statute also addresses cases involving multiple defendants by comparing a claimant’s culpable conduct with the combined culpable conduct of those defendants.
Along with this, in a covered action, if you are 50% or less at fault in a typical two-party case, you can still recover damages. However, your damages can be reduced by your percentage of fault.
Example of How the New Comparative Negligence Law in New York Works
You are involved in a car accident and sue the other driver for compensatory damages. Due to the new comparative negligence law, your degree of fault can determine if you can get compensation.
Based on the new comparative negligence law, if you are 50% or less at fault, you can recover damages, but they will be reduced by your degree of fault.
For example, if a court determines you are 20% at fault and that you otherwise would be entitled to $100,000 in damages, your recovery could be reduced to $80,000.
Alternatively, the new comparative negligence law can prohibit you from recovering damages if you’re 51% or more to blame for your auto accident.
Due to this, if the court rules you are 51% or more liable for your car accident, you may not be able to receive damages. This can be the case even if someone else is partly at fault for the incident.
What Does New York’s New Comparative Negligence Law Mean If You Sue Someone for a Car Accident?
If you sue someone for a car accident, you may be able to recover full or partial damages. Yet, the new comparative negligence law means you can’t recover damages if you’re 51% or more at fault.
The new comparative negligence law is changing the way that judges and juries treat auto accident lawsuits as well.
Previously, in New York, pure comparative negligence applied to Buffalo auto accident lawsuits. Because of this, if you sued someone for a car crash, you could get partial damages if you were 1-99% at fault.
Now, with modified comparative negligence in effect, you are ineligible to obtain damages if a judge or jury rules that you’re 51% or more to blame for a car accident.
How Does the New Comparative Negligence Law in New York Apply to Different Types of Personal Injury Lawsuits?
New York’s new comparative negligence law applies solely to motor vehicle accidents. With this rule, if you sue for a motor vehicle accident, your degree of fault can dictate whether you get damages.
Types of motor vehicle accidents in which New York’s new comparative negligence law applies include:
- Car
- Truck
- Commercial vehicle
- Rideshare
Pure comparative negligence remains in effect for other types of personal injury lawsuits, including:
- Trip and fall accident
- Premises liability
- Product liability
With pure comparative negligence, if you sue someone for these or other reasons outside of a motor vehicle accident, you can be found partly liable and still receive damages.