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Yes — and you don’t have to be blameless to do it. New York follows a pure comparative negligence rule, which means your compensation is reduced by your percentage of fault rather than eliminated by it. Even a pedestrian who bears significant responsibility for a crash can pursue a claim for medical bills, lost wages, and pain and suffering as long as another party shares some of the blame. A Garden City pedestrian accident attorney can help you understand how fault is assigned and work to minimize the percentage attributed to you.
How Does New York’s Pure Comparative Negligence Law Work?
New York’s pure comparative negligence system is remarkably fair to accident victims. Unlike many states that completely bar recovery if you’re 50% or more at fault, New York allows recovery even if you are 99% responsible.
The state’s comparative fault rule found in CPLR Section 1411 states that contributory negligence “shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished” in direct proportion to fault. In practical terms, a jury or judge assigns a percentage of fault to each party involved in the accident. Your compensation will be reduced by your percentage of fault.
For example, if your total damages are $100,000 and you are found 30% at fault for the accident, you would recover $70,000. In New York, an injured plaintiff can recover from a negligent defendant regardless of the amount of fault attributed to the plaintiff. A plaintiff who is said to be 90% to blame for an accident can still recover for damages caused by a defendant who was 10% at fault, although the recovery will be reduced by 90%.
This is a critical distinction from modified comparative negligence states, where your claim could be completely barred if your fault exceeds a certain threshold. Many states use a modified comparative negligence system, which bars recovery if the plaintiff is found to be 50% or more at fault. New York’s pure standard allows greater access to justice for injured individuals, even in cases involving shared responsibility.
When Could a Pedestrian Be Found Partially at Fault?
Insurance companies and defense attorneys will look for any evidence suggesting that your actions contributed to the accident. Pedestrians are also subject to traffic laws. Some common instances where an injured pedestrian might be found partially at fault include:
- Jaywalking
- Crossing the street outside of a marked crosswalk
- Crossing the road against a traffic signal
- Wearing dark clothing at night in a poorly lit area
- Walking while distracted by a phone
- Entering the roadway from between parked cars without checking for oncoming traffic
However, a pedestrian’s mistake does not automatically eliminate their right to compensation. New York’s comparative negligence law plays a key role in determining liability and compensation in pedestrian accident cases.
What Damages Can an Injured Pedestrian Recover in Garden City?
Even when you share partial fault, you may still pursue compensation for the full range of losses caused by the accident. These typically include:
- Medical expenses, including emergency treatment, surgery, rehabilitation, and future care
- Lost wages from time missed at work and diminished future earning capacity
- Pain and suffering, covering both the physical pain and emotional distress caused by the accident
- Loss of enjoyment of life, particularly when injuries prevent you from participating in daily activities
New York’s no-fault insurance system provides up to $50,000 per person in PIP coverage for economic losses like medical expenses, lost earnings, and other necessary expenses, regardless of who is at fault. If your injuries meet New York’s “serious injury” threshold, you can pursue a separate personal injury lawsuit against the at-fault driver for damages beyond what no-fault covers, including pain and suffering.
For most personal injury claims in New York, you have three years from the date of the injury to file a lawsuit. If a government entity is involved (e.g., a municipality due to dangerous road design or missing crosswalk), you must file a notice of claim within 90 days to protect your rights. Lawsuit deadlines vary depending on the government entity. For example, the deadline to file a lawsuit against NYC and most municipalities is 1 year 90 days.
How Can You Protect Your Right to Full Compensation?
The outcome of a shared-fault pedestrian accident claim often comes down to evidence. The difference in a fault determination of only a few percentage points could add or subtract thousands of dollars to a victim’s damage award. Taking the right steps early can strengthen your position and reduce the fault percentage assigned to you. Key actions include:
- Call 911 and get medical attention. A police report and prompt medical records create a documented timeline linking your injuries to the accident.
- Photograph the scene. Capture the intersection, crosswalk markings, traffic signals, vehicle damage, and your injuries before anything changes.
- Collect witness information. Bystander testimony can contradict the driver’s version of events and help establish a more accurate picture of what happened.
- Avoid giving recorded statements to the other driver’s insurer. Adjusters are trained to use your words against you to inflate your share of fault.
An experienced attorney can take these steps further by subpoenaing the driver’s phone records, reviewing traffic camera footage, and consulting accident reconstruction experts. Each piece of evidence that demonstrates the driver’s negligence shifts the fault percentage in your favor, directly increasing the amount you can recover under New York’s comparative negligence framework.
Let Our Family Help Your Family After a Garden City Pedestrian Accident
If you were injured as a pedestrian and worry that your own actions may have contributed to the accident, do not let that fear keep you from seeking the compensation you need. Richard D. Saul and the personal injury team at The Saul Law Firm have spent over 25 years fighting for accident victims across Long Island and New York City. We handle pedestrian accident cases on a contingency fee basis, which means you pay nothing unless we recover for you. Contact us today for a free consultation so we can assess your claim and help you put your life back together.