New York follows a comparative negligence rule, which means you can still pursue compensation after a car accident even if you were partly responsible for it.
Instead of asking whether you were at fault, New York law asks how much you were at fault, and adjusts your compensation accordingly. Recent changes to this rule, effective May 2026, have added an important new limit for motor vehicle claims.
Understanding how fault is calculated, and which version of the rule applies to your accident, can make a real difference in what compensation you’re able to pursue.
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Is New York a No-Fault State for Car Accidents
New York is a no-fault state, which means your own auto insurance policy typically pays for medical treatment and lost income after a car accident, regardless of who caused it.
This no-fault coverage has limits, though. If you sustain a serious injury as defined under New York’s Insurance Law, or your medical costs exceed your policy’s no-fault benefits, you may be able to pursue a separate claim against the driver who caused the accident.
For more on how this system works and how to file a claim, see is New York a no-fault state.
What Is Comparative Negligence in New York
Comparative negligence is the legal principle New York courts use to divide financial responsibility when more than one party contributed to an accident.
If you’re found 30% responsible for a crash, for example, your recovery is reduced by that same percentage rather than eliminated.
This principle applies to more than driver-versus-driver disputes, and it comes up in many other types of personal injury claims as well.
For a broader look at how the rule works, see our guide on understanding New York’s comparative negligence law.
How New York’s Comparative Negligence Rule Changed in 2026
New York adopted comparative negligence in 1975 under CPLR 1411, replacing the older contributory negligence rule. Under the original rule, now labeled CPLR 1411(a), an injured person’s damages are reduced by their percentage of fault, no matter how high that percentage is.
That changed for motor vehicle claims. For accidents occurring on or after May 26, 2026, a new provision, CPLR 1411(b), bars recovery entirely in personal injury actions covered by Article 51 of the New York Insurance Law (the state’s no-fault framework) if the injured person’s fault is greater than the combined fault of the other parties involved.
Claims arising from accidents before that date are still governed by the original rule under CPLR 1411(a). You can read the current text of CPLR 1411 directly on the New York State Senate’s website.
Contributory Negligence vs Comparative Negligence
Before 1975, New York followed a contributory negligence rule. Under that older standard, an injured person found even 1% at fault could be barred from recovering anything at all.
Comparative negligence replaced that harsh outcome with a more proportional approach, allowing injured people to recover damages reduced by their own share of fault rather than losing their claim entirely. For a full definition, see our glossary entry on contributory negligence.
Which Traffic Laws Can Affect Fault in a Car Accident
Traffic laws are often used as evidence when insurers and courts evaluate fault. A violation by either driver can shift the fault percentage assigned to them. Some of the traffic laws most commonly at issue include:
| Statute | What It Covers |
|---|---|
| Vehicle and Traffic Law, Article 28 | Turning movements and required signals, including the requirement to signal before turning or changing lanes |
| Vehicle and Traffic Law 1180 | The basic speed law, requiring drivers to travel at a speed that is reasonable and prudent for the conditions |
| Vehicle and Traffic Law 1122 | Overtaking and passing another vehicle, including the safe distance a driver must keep when passing |
| Vehicle and Traffic Law 1129 | Following too closely, prohibiting a driver from tailgating another vehicle |
Can a Pedestrian Be Found Partially at Fault
Pedestrians are subject to New York’s traffic laws just like drivers, and their own conduct can be weighed when fault is determined. Some situations where a pedestrian’s actions may be considered include:
- Crossing outside a marked crosswalk or against a traffic signal
- Being distracted by a phone or other device while crossing
- Walking while intoxicated
- Entering a roadway suddenly, without giving a driver a reasonable chance to react
- Walking in an area where pedestrians are not permitted, such as a highway shoulder
- Wearing dark clothing in a poorly lit area at night
None of these factors automatically bar a pedestrian from recovering compensation. They can, however, affect the percentage of fault assigned in a claim.
Comparative Negligence Beyond Car Accidents
Comparative negligence isn’t limited to car accidents. New York courts also apply it in medical malpractice cases and in slip-and-fall claims, among other types of personal injury cases, weighing any fault attributed to the injured person against the fault of the other parties involved.
Talk to a New York Car Accident Attorney
Fault percentages can significantly affect the compensation available after a car accident, and the rules for determining fault have grown more complex since the 2026 changes to CPLR 1411.
Our car accident attorneys can review the details of your accident and help you understand your options. Porter Law Group works on a contingency basis, so you do not pay any fees unless we win your case.
If you have questions about a car accident claim, contact Porter Law Group at 833-PORTER9, email info@porterlawteam.com, or visit our contact page to schedule a free consultation. Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Can I still recover compensation if I was partly at fault for a car accident in New York?
For accidents before May 26, 2026, yes. New York’s original comparative negligence rule under CPLR 1411(a) allows recovery at any percentage of fault, though damages are reduced by your share. For accidents on or after May 26, 2026, CPLR 1411(b) bars recovery entirely if your fault is greater than the combined fault of the other parties. Because this depends on your accident date and the facts involved, an attorney can help determine which rule applies.
How is my percentage of fault determined in a car accident claim?
Fault is typically assessed by reviewing evidence such as police reports, witness statements, traffic camera footage, and any traffic law violations. Insurance adjusters, and ultimately a judge or jury if the case goes to trial, weigh this evidence to assign a fault percentage to each party. Because this process is fact-specific, results can vary significantly based on your accident’s details.
Does comparative negligence apply to pedestrian accidents too?
Yes. New York’s comparative negligence principles apply to pedestrians as well as drivers. A pedestrian’s own conduct, such as crossing outside a marked crosswalk, can be considered when determining fault. If your accident occurred on or after May 26, 2026, the fault-bar rule under CPLR 1411(b) may also apply, depending on the circumstances.
What should I do if the insurance company says I was mostly at fault?
Don’t assume the insurer’s fault assessment is final. Insurance companies often assign a higher fault percentage to reduce what they owe. Gathering your own evidence, such as photos, witness contact information, and medical records, can help support a more accurate account of what happened. Speaking with a personal injury attorney before accepting any fault determination can help protect your rights.
How long do I have to file a car accident claim in New York?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit under CPLR 214. If a government vehicle or municipal entity is involved, a notice of claim must generally be filed within 90 days under General Municipal Law 50-e. Deadlines can vary based on the specifics of your case, so confirm your timeline with an attorney as soon as possible.
This article is for informational and educational purposes only. It is not a substitute for medical advice from a qualified healthcare provider or legal advice based on your specific circumstances.
