Introduction
Car accidents can be complicated, and sometimes, more than one driver shares responsibility for the crash. If you believe you were partially at fault, you might be wondering—can you still recover compensation?
The answer is yes.
New York follows a pure comparative negligence rule, meaning that even if you contributed to the accident, you may still recover damages. However, the amount you receive will be reduced based on your percentage of fault.
At Lockamy & Associates, we help clients understand their legal options and fight for fair compensation, even in cases where fault is shared.
What Does It Mean to Be Partially at Fault?
You may be found partially responsible for a car accident if your actions contributed to the crash. Some common examples include:
• Distracted Driving – Using your phone, eating, or adjusting the radio while driving.
• Speeding – Driving too fast for road conditions, even if you were within the speed limit.
• Failure to Signal – Not using turn signals when making a turn or changing lanes.
• Ignoring Traffic Signs – Running a red light or failing to stop at a stop sign.
• Following Too Closely – Rear-ending another vehicle due to lack of space.
• Driving Under the Influence – Alcohol, drugs, or prescription medication impairing your ability to drive.
Even if the other driver was also responsible, your percentage of fault will affect the compensation you may receive.
How New York Determines Fault in a Car Accident
New York law allows you to recover compensation no matter how much fault you share. However, the amount is adjusted based on your assigned level of responsibility.
Example:
✔ You are awarded $100,000 in damages.
✔ You are found 30% at fault for the accident.
✔ Your final payout would be $70,000 (total award minus 30%).
Insurance companies often try to shift more blame onto you to reduce what they have to pay. This is why having strong legal representation is important.
How Fault Is Determined
To determine fault, insurance companies and courts review several types of evidence:
• Police Reports – Officers' assessments of the accident and any citations issued.
• Witness Statements – Testimonies from bystanders or passengers.
• Photos & Videos – Traffic cameras, dashcams, or surveillance footage.
• Accident Reconstruction – Experts analyze the scene to determine the cause of the crash.
• Traffic Laws & Violations – Running a red light, speeding, or failing to yield can impact liability.
Once all evidence is considered, a percentage of fault is assigned to each driver, which affects the final compensation.
How to Protect Yourself if You Might Be Partially at Fault
Even if you think you might have contributed to the accident, there are steps you can take to protect your case:
• Don’t Admit Fault at the Scene – Anything you say can be used against you later. Let the investigation determine responsibility.
• Seek Medical Attention – Even minor injuries should be documented. Medical records play a key role in your claim.
• Take Photos & Videos – Capture vehicle damage, road conditions, and visible injuries.
• Get Witness Contact Information – Statements from third parties can strengthen your case.
• Consult an Experienced Car Accident Lawyer – Insurance companies will try to reduce your claim. A lawyer can help ensure a fair outcome.
How Lockamy & Associates Can Help
At Lockamy & Associates, we work to protect your rights and ensure that you receive the maximum compensation possible.
✔ Investigate Your Case – We gather all necessary evidence, including accident reports, witness statements, and expert analysis.
✔ Challenge Fault Assignments – If the insurance company unfairly assigns you too much responsibility, we push back.
✔ Negotiate for Fair Compensation – Whether through a settlement or in court, we fight for what you deserve.
✔ Handle Insurance Companies – We take care of all communication so you don’t have to.
Even if you believe you were partially at fault, that doesn’t mean you shouldn’t seek compensation. Let us help build the strongest case possible.
Injured in a car accident? Contact Lockamy & Associates today for a FREE consultation.
