In the state of New York, proving negligence can be a complicated and difficult process. New York negligence law recognizes pure comparative fault, which states that when both the plaintiff and the defendant were negligent, the court is responsible for determining each party’s damages. Unlike some states, being at fault to any degree does not bar you from pursuing damages, but your award or settlement will be reduced according to your share of fault.

What does this look like in practice? Imagine that you are going through an intersection when your kids start arguing in the back seat. You take your eyes off the road long enough to tell them to settle down, but during that brief time, another motorist runs through the red light and strikes the driver’s side of your vehicle. Because you weren’t watching, you didn’t have the chance to swerve or brake to avoid the collision.

The court awards you $20,000 but determines that you are 10% at fault for the crash. Therefore, your award will be decreased by 10% and you will receive $18,000 instead.

Insurance companies often try to save money by downplaying their insured party’s degree of fault. The personal injury attorneys at The Odierno Law Firm, P.C. are alert for this practice and won’t let an insurer assign more blame than you actually have.