The allocation of fault after a car accident plays a critical role in determining whether a victim can recover monetary compensation for their damages if they bear any degree of liability for the accident. Each state has different systems they follow when it comes to assigning fault between parties after a collision to determine the recovery of funds. Depending on which negligence system your state follows, your ability to recover financial compensation for your losses may be hindered if you contributed to the collision that caused your injuries. Continue to follow along to learn whether New York follows comparative negligence rules when awarding damages after a car accident and discover how our dedicated Westchester County Car Accident Attorneys can help you. 

What is contributory negligence?

As mentioned above, each state follows its negligence system when awarding damages after a car accident. In the U.S. there are only a few states that observe the contributory negligence doctrine. Under the contributory negligence system, a victim cannot recover monetary compensation for their damages if they bear any percentage of fault for a collision. If they are found to have been even 1% at fault and the other party was found to be 99% at fault for the accident, they would be barred from receiving any compensation for their losses. Ultimately, if a victim bears any degree of fault, their chances of recovering compensation for their losses are diminished.

What is comparative negligence?

New York is one of the many states that applies the comparative negligence doctrine when awarding damages after a car accident. Under this negligence system, victims can recover monetary compensation for their economic and noneconomic damages despite having contributed to the cause of the collision. However, the victim’s award will be reduced by their degree of fault. For instance, if the victim is found 30% liable for the collision, they can only receive 70% of their damages. This is because their award reflects their percentage of negligence. As a note, New York follows pure comparative negligence rules rather than modified comparative negligence rules. Some states have adopted a modified comparative negligence system when awarding damages. Under a modified comparative negligence system, a victim can only receive compensation for their losses if their negligence in causing the accident is less than the other party’s. If they are more than 50% at fault for the collision, they cannot receive any compensation for their losses. It is imperative to understand the negligence system New York follows as it can affect your ability to recover monetary compensation for your damages after a car accident.

If you or someone you care about has been injured in a car accident, contact our determined Westchester County car accident attorneys who can help you understand how the allocation of fault can affect your ability to recover financial compensation for your damages.