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What Is Pure Comparative Negligence?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Sep 1, 2026

Read Time: 4 mins

You’re involved in an accident with another person, and they hold fault, it’s crucial that you understand negligence. Doing so can help you better understand your claim and any compensation you receive.

– What negligence is

– What comparative negligence is

– What pure comparative negligence is

– The main difference between comparative and contributory negligence

– How comparative negligence may impact your personal injury claim

Let’s start with negligence.

What Is Negligence?

The Legal Information Institute’s website defines negligence as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”

There are several “building blocks” that are used to determine who is negligent:

– A legal duty exists. For example, all drivers must drive the speed limit and obey road signs.

– A legal duty is breached. For example, a driver is speeding.

– Actual injuries. Actual injuries may be a physical or mental injury and property damage. If there is no actual injury, it is likely that your claim will not succeed.

– The “but-for” test is applied. For example, but-for speeding, the driver could have stopped at a red light, thus limiting or preventing the actual injuries.

Negligence can be:

– Comparative negligence

– Pure comparative negligence

– Contributory negligence

What Is Comparative Negligence?

Many states rely on comparative negligence. This means that the actions of each party involved in the accident are weighed out. In many comparative negligence states, a person has the potential to make a claim even if they hold the majority of the fault.

Some comparative negligence states allow you to carry more than half of the blame and still receive compensation. To better understand comparative negligence, research your state’s statute or schedule a consultation with an experienced motorcycle accident lawyer.

What Is Pure Comparative Negligence?

In pure comparative negligence, you may hold up to 99% of the fault and still recover compensation. Pure comparative negligence states are:

– Arizona

– Alaska

– California

– Florida

– Louisiana

– Missouri

– Mississippi

– New York

– New Mexico

– Louisiana

Some states, such as Arkansas, only allow someone to carry half or less of the fault may be financially compensated.

New York remains a pure comparative negligence state for purposes of dividing fault and reducing damages proportionally. However, for motor vehicle accidents specifically, New York law now limits what a majority-at-fault plaintiff can recover. As of May 26, 2026, a driver found more than 50% at fault in a motor vehicle accident case can no longer recover non-economic damages, such as pain and suffering, even though the state’s comparative fault system otherwise remains “pure.” See the section below for details.

The Difference Between Comparative & Contributory Negligence

Another type of negligence is contributory negligence. While it is similar to comparative negligence, it’s not the same. In contributory negligence, a person may not hold any fault if they want and need compensation for the accident.

How Comparative Negligence May Impact Your Claim

Comparative negligence affects how much compensation you may receive after the personal injury occurred. For example, let’s say your claim is $50,000. Let’s say you hold 10% of the liability and the other party holds 90% of the liability. So, you’d recover up to 90% of the $50,000.

If your case involves a motor vehicle accident and you hold 99% of the liability, current New York law bars you from recovering non-economic damages, such as pain and suffering, because you would be more than 50% at fault. You may still be able to recover a proportional share of your economic damages, such as medical bills and lost wages, but pain and suffering compensation would not be available.

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and affect how much compensation an injured driver can ultimately recover.

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What Is Pure Comparative Negligence?

What Is Negligence?

What Is Comparative Negligence?

What Is Pure Comparative Negligence?

The Difference Between Comparative & Contributory Negligence

How Comparative Negligence May Impact Your Claim

Why Trust Us?

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