Can I Sue if I Was Partially at Fault for a Car Accident?

The comparative negligence laws are different in New York than in New Jersey, but in both states you can still sue a driver who caused a car accident even if you were partially at fault. As of May 26, 2026, however, New York’s rules changed significantly for motor vehicle accident cases, and understanding the current law is essential to knowing what you can recover.

Establishing the level of your fault and minimizing your contribution to it requires the skills of a car accident lawyer. They will have the knowledge and experience with a state’s specific laws and their application in lawsuits. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have represented victims in New York and New Jersey for more than 45 years. We know how to use the facts in each case to demonstrate an injured party’s lack of fault for an accident, which allows them to recover the maximum damages available under the law.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

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. 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. 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.

What are New York’s current comparative negligence rules for car accidents?

Before May 26, 2026, New York followed a pure comparative negligence rule, meaning an injured driver could recover damages from a negligent party regardless of how much they contributed to the accident, even if they were 80% or 90% responsible, with their damages simply reduced by their percentage of fault.

That rule still applies to economic damages, such as medical bills and lost wages: a driver can recover a proportional share of those damages no matter their percentage of fault. However, New York now draws a hard line for non-economic damages, like pain and suffering, in motor vehicle accident cases. If a jury finds you more than 50% at fault for the accident, you are barred from recovering any pain and suffering compensation at all, no matter how significant your injuries. If you are found 50% or less at fault, you can still recover a proportional share of your non-economic damages, reduced by your percentage of fault, just as before.

How does New Jersey’s comparative negligence law compare?

In New Jersey, an injured driver can recover damages, including both economic and non-economic damages, only if they were not more than 50% responsible for the accident. If a jury decides that a victim was more than 50% responsible, they are not entitled to recover any damages at all, economic or non-economic. New York’s new rule is narrower than New Jersey’s: it only bars non-economic damages for a majority-at-fault plaintiff, while New Jersey bars the entire claim.

Who determines each party’s relative fault in a car accident?

Each party’s respective fault is determined by a jury in a car accident lawsuit. In making this determination, they look at the facts that the injured party’s car accident attorney uses to describe it. Their skill in persuading the jury is often the most critical element in the victim’s ability to recover the largest damages award they are entitled to receive, and, in New York, it can now determine whether pain and suffering compensation is available at all.

In which state does an injured party file a personal injury lawsuit?

A victim can sue a negligent driver either in the state where the accident happened or in the state where the driver resides. Regardless of where the lawsuit is filed, the laws of the state where the accident happened will apply. If the negligent driver lived in New York and caused an accident in New Jersey, the victim can file a lawsuit in New York, but New Jersey’s comparative negligence law, not New York’s, will govern the case, since the accident occurred there. If the victim is found more than 50% at fault, they would not be entitled to recover any damages under New Jersey law.

How can an accident victim improve their opportunity to recover damages if they were partially at fault?

The recovery of damages in every lawsuit will depend on the specific facts of the accident. You should do as much as you can to record those facts, including filing a police report, taking photographs of the accident scene, getting contact information from eyewitnesses, and seeking prompt medical attention for any injuries. You should also retain a personal injury attorney as soon as possible, before those facts begin to dissipate. Because New York’s 50% threshold is now an all-or-nothing cutoff for pain and suffering damages, thoroughly documenting how the accident happened matters more than ever.

Contact us if you’ve been injured in an accident

The attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have the knowledge and experience to use the facts in every case to their client’s best advantage, even if the client was partially at fault for causing it.

Please see our website or call to speak with one of our car accident lawyers if you’ve suffered injuries in an accident in Rockland or Bergen Counties or elsewhere in New York or New Jersey. If you retain our services and we accept your case, we will fight to recover the full amount of damages you are entitled to recover under the law.