New York’s New Rule, Explained
For decades, the answer in New York was a comfortable “yes.” Under the State’s old “pure comparative fault” rule, you could recover damages even if you were mostly to blame for a crash — your award was simply reduced by your share of fault. If a jury found you 60% at fault and awarded $100,000, you still received $40,000.
That rule is gone. For lawsuits filed on or after May 27, 2026, New York follows a modified comparative fault rule: if you are found more at fault than the driver (or drivers) you are suing, you recover nothing. A person found 49% at fault can still recover, with their award reduced by their share of fault. A person found 51% at fault gets zero.
The new law also changes how trials work. Juries must now decide fault first, before they consider your injuries at all. The fight over who caused the crash has become the fight that decides everything.
What this means in practice
Expect insurance companies to contest fault harder than ever — with accident reconstruction experts, vehicle data downloads, and recorded statements taken before you ever speak to a lawyer. A friendly adjuster may call within days of your crash asking you to “just explain what happened.” Under the new law, even an innocent comment can be twisted into the few percentage points of fault that bar your entire recovery. You have no legal duty to give the other driver’s insurer a statement, and you should not do so before consulting an attorney.
Just as important: the evidence that proves the other driver’s fault disappears quickly. Skid marks fade, vehicles get repaired or scrapped, traffic and security camera footage is routinely erased within days or weeks, and witnesses move or forget. An attorney can act immediately to send preservation letters, photograph the scene, and lock down witness accounts while memories are fresh.
If you’ve been injured in a crash and worry that you may share some of the blame, do not assume you have no case — and do not let an insurance adjuster make that judgment for you. The attorneys at Lacy Katzen LLP offer free consultations and have helped the seriously injured for more than 75 years. You pay nothing unless we recover for you. Call 585-888-9662 or contact us online today. Read our full guide to New York’s 2026 law changes here.
