Introduction
At Lockamy & Associates, we’ve always told our clients: fault doesn’t have to be all-or-nothing. New York follows a pure comparative negligence system — meaning even if you’re partially at fault for an accident, you can still recover damages. But here in 2025, we’re seeing a troubling trend: insurance companies are getting smarter (and more aggressive) about using partial fault to slash payouts.
So the real question is:
📌 Is the system still fair for injured New Yorkers?
Let’s break it down.
Case Footage, AI Dashcams & “You Should’ve Known Better”
In the past, determining fault came down to police reports and conflicting testimonies. Today? It’s a courtroom battle of:
• AI dashcam footage showing seconds before the crash
• Instagram stories from a night out
• Street cam and Ring doorbell videos uploaded by strangers
We’ve worked on cases where a driver was hit by someone running a red light — but the insurance company pointed to the client’s lack of seatbelt or slightly over the limit speed to claim 30% comparative fault. That’s a massive reduction in compensation for someone who was clearly the victim.
Real Example: The “Shared Blame” Trap
One of our clients, a delivery cyclist, was hit by a rideshare vehicle that crossed into the bike lane. The case should’ve been open-and-shut — until the defense claimed our client veered “too close to traffic” and tried to assign 40% fault. Only through a deep dive into GPS data and video evidence were we able to challenge that claim and win a much fairer settlement.
Lesson: don’t assume the system will sort itself out. Without legal representation, partial fault arguments can quietly shave off tens of thousands of dollars from your claim.
What If You Are Partially At Fault?
Here’s what you should know:
✅ You can still file a claim. Even 99% fault doesn’t bar recovery in NY.
✅ Don’t accept blame at the scene or online — “I’m sorry” can be used against you.
✅ Document everything: take photos, save texts, keep your version of events.
And if the insurance company starts pushing “shared blame” language early, don’t try to argue it alone. That’s a red flag. Call us.
How We Push Back on Unfair Fault Claims
At Lockamy & Associates, we:
• Analyze all available footage (dashcams, store cameras, even social media)
• Bring in expert witnesses when needed — accident recon, medical, traffic experts
• Challenge insurer tactics with real legal precedent and aggressive negotiation
If someone’s trying to put their negligence on you, we don’t let that slide.
The Bottom Line
New York’s comparative fault law is meant to protect your right to recover — even if mistakes were made. But in 2025, it’s being weaponized more than ever. That’s why legal guidance isn’t just helpful — it’s essential.
If you’ve been injured and someone’s pointing the finger back at you, don’t settle for less. Let us help you fight back.
📞 Contact Lockamy & Associates today for a free case review.
We’ve got your back — every step of the way.
