Yes. Even if you are partially at fault for causing the accident or injuries you have suffered, you can still bring a claim in New York against the other at fault party. The law says that even if you contributed to the accident and were “contributorily negligent” or have some amount of “comparative fault” you can still recover damages for the amount the other party was at fault. In other words if you were 40% at fault and the farm, landowner or equipment owner was 60% at fault, you can recover 60% of your damages from the other party. In terms of dollars under this example, if your case is worth $1,000,000, you would be entitled to recover $600,000 from the at fault party.
