If you recently suffered injuries in a car accident, you’re likely already questioning who’s at fault and who will pay for the damages. When there’s any doubt over liability or steps forward for compensation, it can be helpful to consult a New York car accident lawyer for more information.
New York state law mandates that you begin the claims process with your own insurer after a car accident, but severe injuries sometimes warrant lawsuits against the at-fault party, which can introduce complications if you share partial liability. Below, our auto accident lawyers in New York from Cassisi & Cassisi, P.C., will explain everything you should know about partial fault in car accidents in New York.
Shared Fault Accidents Are More Common Than You Might Think
Car accidents are so common in New York that, on average, three people die from collisions every day. According to NYC data from the first three months of 2025, some of the primary factors contributing to these accidents include distracted driving, which was involved in over 5,000 crashes, failing to yield to the right of way, and following the leading car too closely.
What these factors all have in common is human error. In fact, insurers agree that over 90% of car accidents are caused by human error. In many cases, though, more than one person may be to blame.
Minor mistakes can add up quickly. While a small error may not directly cause an accident, it can worsen its effects or make it harder for you to avoid the collision.
For example, say a distracted driver on their phone ran a red light, and you ultimately T-boned them. This seems like it’s largely their fault, but what if you were also speeding? If so, their defense team may argue that the speed of your vehicle prevented you from stopping in time to avoid the accident, or they may say that it increased the severity of the accident and your injuries.
If you think you might have been partially at fault for your accident, consider consulting a New York car accident lawyer.
How Partial Liability Works in New York
New York is a no-fault insurance state, meaning that after a car accident, you first turn to your own insurance policy for coverage, regardless of liability. This coverage is known as Personal Injury Protection (PIP). PIP pays for necessary medical treatments, a portion of lost wages, and certain out-of-pocket expenses up to your policy limits.
In these insurance claims, fault generally does not matter. Even if you were partially or entirely responsible for the accident, your PIP benefits should still apply.
However, no-fault coverage has limits. If your damages meet New York’s “serious injury” threshold, such as significant disfigurement, fractures, permanent loss of use, or substantial limitations to daily activities, you may step outside the no-fault system to file a suit against the liable party.
When that happens, New York follows a rule known as pure comparative negligence. Under this standard, you can still pursue compensation even if you share responsibility for the accident and your total award is reduced by your percentage of fault. For example, if you are found 30% responsible for the accident, your compensation would be reduced by 30%.
How Courts Assess Liability in Car Accident Lawsuits
In car accident lawsuits, liability is generally determined by the legal concept of negligence. Negligence happens when a party does not exercise reasonable care, ultimately causing a person harm. In a personal injury claim, the injured party or their New York car accident lawyer must typically show that the other driver owed them a duty, breached it, and caused damages.
When evaluating negligence and determining each party’s share of fault, courts carefully examine the available evidence. This may include:
- Police accident reports
- Photographs and video footage, such as traffic camera or dashcam recordings
- Eyewitness statements from passengers, bystanders, or other drivers
- Vehicle damage assessments and crash reconstruction analyses
- Medical records linking injuries directly to the collision
- Cell phone records, in cases involving suspected distracted driving
- Black box data showing speed, braking, and impact timing
- Traffic laws and roadway signage
Damages You May Pursue Even if You’re Partially Responsible
Even if you share partial responsibility for the accident, New York’s pure comparative negligence rule may still allow you to pursue compensation for your losses.
Depending on the circumstances of your case, you may be in a position to seek compensation for damages like medical costs, missed wages, property damage, a reduced earning capacity, pain and suffering, and more. In more severe cases involving long-term injuries, you may also pursue damages for ongoing rehabilitation, future medical treatments, and loss of enjoyment of life.
Are You Looking for a Car Accident Lawyer in New York?
If you need help maximizing your auto accident’s compensation, consider seeking legal help. A New York car accident lawyer from our team can evaluate your case and guide you on the next steps. Call Cassisi & Cassisi, P.C., at (516) 294-5050 for a consultation.
FAQs Answered by an Auto Accident Lawyer in New York
Below, our car accident lawyers in Mineola offer more insights.
Can You File a Lawsuit Against the Other Driver in New York if You Were Speeding?
You may be able to file a lawsuit against another driver, regardless of your potential role in the accident, if your damages exceed the state’s “serious injury” threshold.
How Long Do Car Accident Settlements Take?
Car accident settlements can take anywhere from a few months to over a year, depending on insurance cooperation, case complexity, and other factors. Simple PIP payouts usually resolve faster than liability disputes in court.
Whose Insurance Pays After a Car Accident in New York?
After a car accident in New York, you generally must file a claim with your own Personal Injury Protection insurance. If your damages exceed policy limits and you meet the state’s “serious injury” threshold, you may be able to file a lawsuit against the other party. If you’re unsure about your options, consider consulting a New York car accident lawyer.
