Yes, even if you are partially at fault for causing the incident that led to your injuries, in New York you may still bring a claim against the other at fault party. Percentages and degrees of fault are reviewed by attorneys and insurance adjustors during settlement and liability discussions. If a case is not resolved, ultimately, a jury would decide what percentage of fault is attributable to your actions and what percentage of fault is attributable to another person’s actions. Based on those percentages, your recovery would be reduced by your percentage of fault. For example, if you were found 25% at fault and another party was found 75% at fault for your damages that total $1,000,000, you would be entitled to recover $750,000 from the other at fault party.
