Can I Bring A Lawsuit If I Was Partially At Fault?

Yes. Even if you are partially at fault for an accident, in New York, you are permitted to bring a claim and recover. But, you are only entitled to recover for that portion of your injuries that is attributable to another party or multiple parties depending on the facts for your case. This is called comparative negligence.

For example, if you are in an auto accident at an intersection, there may be a dispute about how the accident happened or who is at fault. If a case is not able to be settled and proceeds to a trial, a jury will be asked to determine whether each driver was at fault. If it is determined that both you and the other driver were at fault, the jury is then asked to determine the percentage of fault of each of the parties in causing the accident.

The jury is then asked to determine the damages – that is the worth of your case. So, if the jury determines your case is worth $100,000 and you are found 50% at fault, you would be entitled to recover 50% of the verdict, or $50,000. This is the percentage of fault attributable to the defendant. Even if you are 90% or more at fault in New York, you would still be entitled to recovery the remaining 10% or less of the verdict. ($100,000 verdict, defendant is 10% at fault: injured party entitled to receive $10,000). In some states, like Virginia, you may not recover anything if you are even 1% or more at fault for an accident. Thankfully, New York has a much more favorable law on comparative fault.