Car accidents happen a lot in Brooklyn. In June 2025, over 2,000 crashes were reported in the borough, and many people were injured (some severely). In many of these car accidents, both drivers made mistakes.
So, what happens if you are partially at fault for the accident?
Can you still get paid?
The answer is yes! Thanks to comparative negligence. Let’s break down comparative negligence in very simple terms.
What Does “Comparative Negligence” Mean?
Comparative negligence is a law in New York that says:
Even if you are partly responsible for the accident, you can still get paid for your injuries.
But your payment will be reduced depending on how much you were at fault.
Real Example (In Simple Math)
Imagine that your total injury claim is for $100,000.
The other side in the injury claim says you were 30% responsible for the crash because you were driving a little too fast.
If that’s the case, you will still receive $70,000. Why? Your payment would, of course, be reduced by 30%—that is your fault share.
This is called pure comparative negligence, and New York’s rule is this way. You could be 90% fault, and still recover 10% of the money.
Why This Is Important in Brooklyn
There is a lot of traffic, one-way streets, bikers, pedestrians, and busy intersections in Brooklyn. Accidents can happen in an instant. Many times, there isn’t just one person’s fault.
Here are some common examples:
- You got hit by a car that turned left, but you were texting.
- Another driver ran the stop sign, but you didn’t signal.
- A cyclist was speeding, and you opened your door without checking.
In all of these situations, both people can share the blame. This is why understanding comparative negligence is so valuable.
If you don’t know how it works, the insurance company can blame you and pay you less than it should, based on how much it observes that you may be at fault.
How Insurance Companies Use This Against You
After a crash, the other driver’s insurance company may call you. They might act friendly, but they’re often trying to find a way to make it look like the accident was mostly your fault.
Why?
Because if they can say you were 60% or 70% at fault, they can pay you much less.
That’s why it’s so important to have a personal injury lawyer in Brooklyn on your side. A good lawyer knows how to fight back and show the truth with evidence, like:
- Police reports
- Traffic camera videos
- Witness statements
- Photos from the scene
What a Lawyer Can Do for You
A lawyer can help you:
- Prove the other driver’s fault
- Reduce the blame placed on you
- Make sure the insurance company doesn’t trick you
- Help you get the full amount you deserve
Even if you made a small mistake, a personal injury lawyer in Manhattan or Brooklyn can still help you win your case.
Need Help? Talk to Yassi Law PC
At Yassi Law P.C., attorney Reza Yassi has helped many accident victims in Brooklyn and Manhattan who were partly at fault for a crash. He understands how New York’s comparative negligence law works and fights hard to protect his clients from unfair insurance tactics.
If you’re confused or feel like you’re being blamed, you don’t have to handle it alone.
Conclusion
An accident may have involved a minor error on your part, but that doesn’t mean you’re losing everything. New York can still provide compensation to you if the crash was possibly your fault.
Insurance companies are likely to try to blame you even more than you may be at fault, probably. This is the reason why you need a capable lawyer.
If you have sustained injuries from a car accident that has happened to you in Brooklyn, talk to a lawyer who recognizes comparative negligence and who will battle to get you everything you deserve.