What Role Does Comparative Fault Play in Car Accident Settlements?
Car accidents rarely unfold in a simple, straightforward way. When people think about how compensation works after a collision, they often imagine that one driver is clearly responsible and the other is clearly innocent.
In reality, most crashes involve a mix of actions and decisions by several people on the road, and those actions influence how money is awarded in a settlement. At The Eskesen Law Firm, I spend significant time helping injured clients understand how New York law treats shared responsibility.
Many clients come to me confused, thinking that if they were partly responsible for an accident, they’re barred from recovering money. That is untrue. Instead, New York uses a system called pure comparative fault. This means that even if you share part of the blame, you can still recover compensation. This legal structure plays a huge part in determining what a case is worth, how negotiations unfold, and how insurance carriers respond to a personal injury claim.
Pure Comparative Fault Under New York Law
Under New York’s pure comparative fault statute, you can recover damages even if you’re 99% responsible for the accident. That remaining 1% still gives you the right to seek compensation. This system is far more forgiving than modified comparative fault states, where recovery is often barred if someone is more than 50% at fault.
This law gives lawyers powerful tools when representing you in a personal injury claim. Even when the facts suggest shared blame, you can still move forward aggressively to pursue compensation for medical bills, lost earnings, future treatment, and repair costs.
However, insurance carriers also know how to use this law strategically. They’ll often exaggerate how much blame should be placed on you to reduce potential payouts. This is why understanding the mechanics behind comparative fault is essential during a personal injury settlement. To properly apply this doctrine, lawyers will:
Investigate how the accident occurred.
Review police reports, photos, witness statements, and video footage.
Analyze physical evidence and traffic patterns.
Study the timing of the collision.
Reconstruct the sequence of events.
These steps help assign fault accurately and counter inflated blame that an insurer may try to push against you. Comparative fault isn’t just a legal concept; it’s a significant factor in every negotiation involving a personal injury settlement.
How Insurance Carriers Use Comparative Fault to Their Advantage
Insurance adjusters frequently try to blame the injured person for a portion of the accident. Even if the other driver clearly made a dangerous decision, such as running a red light or speeding, the adjuster may argue that my client contributed in some small way. Their goal is simple: reduce the value of the personal injury claim.
For example, if a claimant is assigned 20% of the fault, their compensation will be reduced by 20%. If the damages total $100,000, the carrier pays only $80,000.
This reduction makes a significant difference in cases involving severe injuries or long-term treatment. Insurance carriers know that every percentage point matters, and they push aggressively to reduce their financial responsibility. In a personal injury case, adjusters may try to use the following tactics to shift blame:
Misinterpret traffic laws.
Misquote witness statements.
Ignore critical evidence.
Downplay the other driver’s negligence.
Suggest that the injured person failed to react correctly.
These tactics can often be countered with substantial evidence, legal arguments, and strong advocacy. Comparative fault becomes a battlefield in many personal injury settlements, and preparation makes all the difference.
Evidence That Influences Comparative Fault Determinations
Comparative fault relies heavily on evidence. The more proof you have, the stronger the ability to demonstrate that your share of responsibility should be minimal or nonexistent. Some key evidence you should consider includes:
Surveillance or dash-cam video
Skid mark measurements
Vehicle damage patterns
Cell phone records
Intersection timing data
Weather reports
Each piece of information helps reconstruct the events that led to the accident. The story told by the evidence must be clear, consistent, and rooted in fact. When evidence is weak or incomplete, insurance carriers attempt to assign more blame to the injured person.
If you've been injured in a car accident, document everything you can as soon as possible, including photos, names of witnesses, and details about road conditions. Even minor details can significantly influence a comparative fault determination in a personal injury case.
The Influence of Traffic Laws in Comparative Fault
New York’s traffic laws play a central part in determining who is responsible for an accident. If another driver ran a stop sign, drifted out of a lane, followed too closely, or failed to yield, those violations strongly support the argument that the other driver bears little or no responsibility.
Conversely, if a driver made a minor driving error, the defense may seize upon that to justify a higher percentage of fault. Understanding how these laws apply and interpreting them in the context of the accident helps to build a strong, accurate presentation of the facts.
Comparative Fault in Multi-Vehicle Accidents
In multi-vehicle crashes, several drivers often share fault, and each percentage of responsibility can affect the others. Therefore, it’s important to analyze multiple accounts and determine how each vehicle contributed to the chain reaction. For example:
Driver A may have been speeding.
Driver B may have been distracted.
Driver C may have failed to signal.
The combination of these actions can make liability more difficult to untangle. Under New York’s pure comparative fault system, each driver pays according to their percentage of blame.
In these cases, you may be able to pursue compensation from several parties, depending on the facts. The key is allocating fault correctly, which requires thorough investigation and a clear presentation of evidence.
In a multi-vehicle personal injury case, the allocation of liability can significantly affect the total recovery, especially if one driver has minimal insurance coverage. Comparative fault helps distribute responsibility fairly among all involved drivers.
How Comparative Fault Affects Settlement Amounts
Once fault percentages are assigned, the value of your personal injury settlement is calculated by applying those percentages to the total damages. If you suffer $200,000 in losses but are deemed 30% responsible, you can still recover $140,000.
Insurance carriers often focus on lowering your share of recovery, not by disputing the injuries themselves but by inflating the percentage of fault attributed to you. The difference between being 10% and 20% fault can result in tens of thousands of dollars lost.
Litigation and Comparative Fault
Sometimes settlement negotiations stall because the insurance carrier insists on an unreasonable fault percentage. When that happens, litigation may be necessary. In litigation, comparative fault remains a central issue. Both sides will present evidence, question witnesses, and rely on accident reconstruction to persuade a judge or jury.
At trial, the jury will decide how responsibility should be divided. Juries sometimes assign fault in ways that insurance carriers never expect, especially if your case is supported by substantial evidence and compelling testimony. Even if litigation takes longer, it can often result in significantly higher compensation.
Contact an Experienced New York Car Accidents Attorney Today
Comparative fault shapes nearly every car accident settlement in New York. Knowing that shared fault doesn’t erase your right to recover compensation can help you move forward more confidently. If you were hurt in a crash and need support grounded in New York law, reach out to an attorney who can help you pursue a fair and meaningful personal injury settlement.
At The Eskesen Law Firm, I work closely with clients to explain how the doctrine works and how it affects their personal injury claims. From gathering evidence to challenging inflated fault assessments, I focus on securing compensation that reflects the reality of the accident—not the distorted version presented by an insurance carrier.
My firm serves clients throughout New York City, including Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). Contact me today to schedule a consultation.