Can You Still Recover Compensation If You Were Partly at Fault for a Motorcycle Accident in New York?
If you were injured in a crash but also made an error that contributed to it, you may wonder whether that bars you from recovering anything at all. In New York, the answer depends on how the state’s comparative negligence rules apply to the specific facts of your case.
How New York’s Fault System Works
New York follows a legal doctrine called pure comparative negligence, codified under CPLR Section 1411. According to a New York motorcycle accident lawyer, this rule allows an injured person to recover damages regardless of how much fault is assigned to them, even if they are found to be 99 percent responsible for the crash.
The trade-off is that your recovery is reduced in direct proportion to your share of fault. If a court determines you were 30 percent at fault and your total damages are $100,000, you would receive $70,000.
What “Fault” Actually Means in These Cases
Fault in a motorcycle accident case is not simply about who broke a traffic law. Courts and insurance adjusters look at the full picture of each party’s conduct, including speed, visibility, road conditions, and whether either driver was distracted. Multiple parties can be assigned fault at different percentages.
For motorcyclists, common fault allegations include lane splitting, speeding, failure to wear a helmet, or riding while impaired. Each of these factors can affect how much your damages are reduced, depending on how directly they contributed to the injury.
The Role of Helmet Use in New York
New York law requires all motorcyclists and passengers to wear approved helmets. If you were not wearing one and suffered a head injury, the defense may argue your injuries were made worse, potentially reducing compensation for those injuries. This does not bar recovery for other unrelated injuries.
How Insurance Fits Into the Picture
Although New York is a no-fault state for most vehicle accidents, motorcycles are excluded. Motorcycle accident claims are made against the at-fault driver’s liability insurance or applicable uninsured/underinsured motorist coverage.
Damages You Can Pursue
You may recover economic damages, such as medical expenses and lost wages, and non-economic damages, including pain and suffering. New York does not cap non-economic damages in motorcycle injury cases.
How Fault Gets Determined
Fault is determined through insurance negotiations or by a jury. If you are found partially responsible, your compensation is reduced by your percentage of fault under New York’s pure comparative negligence rule.
What This Means for Your Claim
Being partially at fault does not prevent you from recovering compensation. Strong evidence, including witness statements, photos, and medical records, can help maximize your recovery.
Partial Fault Is Not the End of Your Case
New York’s pure comparative negligence rule recognizes that multiple parties can share responsibility. Even if you contributed to the crash, you may still recover damages, reduced by your share of fault.
