Navigating Midtown Manhattan or commuting to a university campus on two wheels requires constant vigilance. Between heavy traffic and narrow bike lanes, a single moment of distraction can lead to a serious crash. If a driver struck you while you were checking your phone or swerving, you might think you cannot seek compensation. Many people assume that being partially at fault means they receive nothing.
New York law is actually very different from many other states. Even if you made a mistake, you likely still have legal options to recover money for your injuries.
How pure comparative negligence works
New York uses a system known as pure comparative negligence. This rule allows an injured person to receive a payout even if they were 99% responsible for what happened. Instead of losing the entire case, the court simply reduces your final compensation by your percentage of blame.
For example, if a court decides your own actions make you 40% responsible for the accident, you could still receive 60% of your total damages. This legal framework ensures that a negligent driver is still held accountable for their portion of the crash.
Factors that determine your percentage of blame
When a bike and scooter accident occurs, insurance companies and courts examine the behavior of everyone involved. They look at specific details to decide how to split the fault:
- The driver traveled above the speed limit or failed to signal.
- The cyclist rode against the flow of traffic.
- Distractions like texting or using headphones existed.
- The driver opened a car door into the path of the cyclist.
Because New York civil law focuses on the specific facts of the crash, one person is rarely 100% to blame. A mistake on your part does not automatically excuse a driver who acted unsafely.
Moving forward with your recovery
Recovering from an injury is difficult enough without the stress of hospital bills and missed work. Insurance adjusters often try to maximize your percentage of fault to protect their profits. They might use your own statements against you to suggest you caused the entire collision.
An experienced attorney can help you gather evidence to show the driver also contributed to the accident. Understanding how these rules apply to your specific situation is the first step toward getting the financial support you need to heal.