Understanding New York’s Comparative Fault Rule

How Shared Fault Impacts You After an Accident in Rochester

After an accident, most people feel extremely stressed out. You’re worried about medical bills, your car, your job, and you’re probably wondering who was really at fault. In Rochester, it’s not unusual for more than one person to be partially responsible in a crash or a fall. That’s where New York’s comparative fault rule steps in. This law decides how much compensation you can still get, even if you played a part in what happened. It matters a lot more than people realize.

At Horn Wright, LLP, we help people across Rochester and Monroe County understand how shared fault could impact their case. If you were injured but someone told you the accident was partly your fault, don’t assume you’re out of options. Our attorneys can break things down and fight for the compensation you still deserve, especially in cases involving a slip and fall.

What Comparative Fault Actually Means

Comparative fault, also called comparative negligence, is a legal rule that applies when more than one party shares blame for an injury. In plain terms, it means your role in an accident won’t automatically block your chance at recovering money.

Under New York law, even if you made a mistake, you can still recover damages. Let’s say you were hit while crossing the street near Park Avenue but didn’t use the crosswalk. If the driver was also speeding, both of you may share fault. But that doesn’t mean you walk away with nothing.

The law looks at everyone’s actions, then it assigns each party a percentage of fault. That percentage affects how much you receive. It’s a fairer system than all-or-nothing rules used in other states.

Pure Comparative Negligence: New York’s Unique Approach

New York uses what’s called a pure comparative negligence system. It’s one of the few states that allows someone to recover damages even if they were 99% responsible for what happened.

Let’s say you were driving on Monroe Avenue and crashed while changing lanes without signaling. The other driver ran a red light. You’re found 70% at fault, the other driver 30%. If the total damages are $100,000, you can still recover $30,000.

That’s how the law works here. You don’t need to be blameless to seek recovery. This is especially important in Rochester where winter roads and tight urban traffic patterns increase the chances of shared fault.

How Courts in Monroe County Apply Fault Percentages

In Monroe County, judges and juries look closely at how and why an accident happened. When personal injury cases go to trial, assigning fault isn’t random. It’s based on evidence presented from both sides.

The court considers things like:

• Police or EMS reports filed after the accident
• Photographs or video footage (dashcams, surveillance, phone recordings)
• Witness statements from locals near the scene
• Expert testimony, especially in medical or reconstruction matters

Take a crash on I-490 involving multiple cars. The court will weigh every driver’s behavior, speed, and response time. That detailed analysis shapes the percentage of fault each person carries.

Real-World Scenarios: When Comparative Fault Affects Compensation

Shared fault plays out in everyday situations across Rochester. Here are a few examples where people often still recover damages:

• Slip and fall in a Park Avenue coffee shop. Maybe the floor was wet but you were texting while walking.
• Rear-end collision on Mt. Hope Avenue. You stopped short, but the driver behind was tailgating.
• Bicycle accident near East Avenue. You didn’t have lights on at night, but a car swerved into the bike lane.

In each case, fault is split. Maybe 20% yours, 80% theirs. Or maybe the split is closer. Either way, your compensation adjusts to match.

And those percentages add up fast. If a jury values your case at $60,000 and you’re 25% at fault, you still walk away with $45,000.

Insurance Companies Use Comparative Fault Too

Before a case even reaches court, insurance adjusters in Rochester are already using comparative fault rules to shape offers. That’s not always in your favor.

They often:

• Assign a higher fault percentage to reduce your payout
• Use unclear wording in reports to support their version
• Rely on limited evidence or biased witnesses

If your crash happened near Lake Avenue and the insurer claims you were 50% at fault with little proof, that drastically cuts what they’re willing to pay. In many cases, they count on you not pushing back.

That’s why documenting your side matters, even in the early stages of a claim.

Why Fault Matters in Monroe County Courts

When a case heads to Monroe County Supreme Court, fault drives everything, especially the final number you might receive.

Local judges follow New York’s civil procedures, but the facts still carry the most weight. Your fault percentage can swing the case by tens of thousands of dollars. And once you’re in court, the window for introducing new evidence narrows.

The court may consider:

• Road conditions, weather, and lighting in Rochester at the time
• Witness credibility, especially if they’re from the neighborhood
• Your timeline for seeking treatment or reporting injuries

Timing is key. In New York, the statute of limitations for personal injury is typically three years and filing after that may permanently block your claim. Waiting too long can also hurt your ability to gather strong evidence.

Building a Case to Reduce Your Share of Fault

If you’ve been hurt in Rochester, there are practical steps you can take right away to help reduce your assigned fault. The more you do early on, the better your odds of receiving fair compensation.

Start by:

• Taking photos of the scene, especially road signs, damage, and weather conditions
• Getting names and contact details for any local witnesses
• Saving medical records from Strong Memorial or Highland Hospital
• Requesting police reports from the Rochester Police Department

Even small details can shift the fault percentage. A photograph showing poor lighting on a sidewalk in the South Wedge can make a big difference in a slip and fall case.

When Multiple Parties Share the Blame

In some accidents, more than two people or businesses are responsible. That’s where New York’s joint and several liability rules come in. The court looks at each party’s role and decides who pays what.

For example:

• A delivery truck rear-ends a car on Ridge Road
• The car gets pushed into a cyclist
• The truck company, car driver, and possibly even the cyclist may share liability

Even if one party can’t pay their share, the others may be held responsible for the full amount. That matters in cases involving companies or uninsured drivers.

Courts in Monroe County have handled complex multi-party claims like this. Each layer of involvement adds new facts for the jury to consider.

Comparative Fault in Slip and Fall Cases

These cases often hinge on what both the property owner and the injured person were doing. In Rochester, winter weather, uneven sidewalks, and busy retail spaces all increase the risk of shared fault.

Let’s say you fell at a grocery store in Irondequoit. There was melted snow at the entrance. But you were wearing worn-out shoes and walking quickly. The court may decide both sides played a role.

Or maybe you tripped at the Rochester Public Market. If signage warned of a hazard but was poorly placed, that’s another gray area. The exact cause and how clearly the risk was marked all shape the final outcome.

Slip and fall cases rarely feel cut and dry. Comparative fault helps courts make a more balanced decision.

What to Do After an Injury in Rochester

Whether it’s a car accident near East Main Street or a fall downtown, your actions right after an injury matter.

Here’s what to do:

• Report the incident to the property owner or police right away
• Get checked out at a local hospital or urgent care
• Take photos of your injuries and the scene
• Keep your medical records and receipts organized
• Ask for a copy of any incident reports

Staying calm and documenting everything protects your side of the story. It also helps your attorney show why your share of fault should be as low as possible.

Rochester Injury Victims Can Still Recover After Shared Fault

Don’t let anyone tell you that your mistake means you can’t recover damages. New York law makes room for real life, where fault is often shared. At Horn Wright, LLP, our Rochester-based attorneys know how to challenge inflated fault claims and push for fair results. 

If someone else’s negligence caused your injury, even partly, we’re ready to step in and help you move forward.