Levine & Slavit | May 1, 2026
If you’ve been injured in an accident, you may assume you can’t recover compensation because you believe the accident was partly your fault. Fortunately, that’s not how the law works in New York. Even if you share some responsibility for an accident, you may still have the right to pursue compensation for your injuries.
Many people decide not to speak with an attorney because they think they were “too much at fault.” That assumption could cost you the opportunity to recover damages you’re legally entitled to receive.
How Comparative Negligence Works in New York
New York follows a comparative negligence system. That means your compensation is reduced by the percentage of fault assigned to you, rather than being eliminated altogether.
For example, if your case is worth $100,000 and you’re found to be 50% responsible for the accident, you could still recover $50,000. If you’re only 25% at fault, your recovery would be reduced by that percentage, allowing you to receive $75,000 instead.
This rule applies to many types of personal injury cases, including pedestrian accidents. Every case is different, and determining each party’s share of fault often depends on the evidence gathered during the investigation.
Why Proving Fault Is More Complicated Than You Think
Determining who was responsible for an accident is rarely as simple as it first appears. A skilled attorney works to minimize any comparative negligence assigned to their client while demonstrating the negligence of the other party.
During the legal process, careful questioning of witnesses and drivers can uncover important admissions. For example, a driver may admit they were distracted or failed to notice a pedestrian when they should have. One longstanding principle in the law is that drivers have a duty to see what is there to be seen. If a driver failed to observe someone they reasonably should have seen, that evidence may significantly strengthen your claim.
Because these details often emerge through depositions and thorough investigation, it’s important not to assume you already know how fault will be divided.
The Truth About Being Partially at Fault
One of the biggest misconceptions is that being partially responsible means you don’t have a case. In reality, partial fault does not automatically prevent you from seeking compensation in New York.
The percentage of responsibility assigned to each party is based on the facts of the case, and those facts are often disputed. That’s why it’s important to have an experienced attorney evaluate the evidence before deciding whether your claim is worthwhile.
How Levine & Slavit, PLLC Can Help
The attorneys at Levine & Slavit, PLLC understand how comparative negligence can affect a personal injury claim. Building a strong case often requires careful investigation, strategic questioning during depositions, and presenting evidence that accurately reflects each party’s responsibility.
For more than three generations and over 60 years, Levine & Slavit has represented injured New Yorkers, helping clients navigate the legal process and pursue the compensation they may be entitled to recover. Every case deserves a thorough evaluation based on its unique facts.
Take Action Today: Find Out If You Have a Case
If you’ve been injured in New York, NY, don’t assume partial fault means you have no legal options. Speaking with an attorney can help you understand your rights and determine whether you have a valid claim.
If you think you may have a case—or simply have questions about your accident—contact Levine & Slavit, PLLC. An experienced attorney can review the facts, explain how New York law applies to your situation, and help you make an informed decision about your next steps. You can call 1-888-LAW-8888 or visit newyorkinjuries.com to learn more.