New York: Modified Comparative Negligence in Motor Vehicle Accidents

For many years, New York has been a pure comparative negligence state, pursuant to and in accordance with the New York State Civil Practice Law and Rule ("CPLR") §1411. This meant that, even if the plaintiff was more than 50% at fault for a motor vehicle accident, she or he could still be entitled to a monetary recover, depending on their % of liability. See, gen., Karczmit v. State, 155 Misc.2d 486, 497 (N.Y. Ct. of Claims 1992). Critically, while CPLR §1411 did not bar recovery to a plaintiff for their comparative fault, the amount of damages that the plaintiff was otherwise entitled to recover would “be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”

However, New York State Governor Kathy Hochul recently signed the New York State budget

into law which sought to put into effect key, substantive changes to how motor vehicle accident cases in New York are litigated. One of these changes is to the comparative negligence law in New York. This new change would do away with pure comparative negligence under CPLR §1411 and instead replace it with modified comparative negligence. Under modified comparative negligence, the culpable conduct of a plaintiff in a motor vehicle accident will bar recovery if such culpable conduct is greater than the culpable conduct of the defendant or is greater than the combined culpable conduct of the defendants. This means that, if a plaintiff is, say, found to be 51% responsible for a motor vehicle accident, and the defendant driver is found to be 49% responsible, then the plaintiff will not be entitled to any damages.

In our opinion, this change will dramatically and adversely affect the rights of New Yorkers

involved in motor vehicle accidents due to the negligence of another driver.

At Farber Balsam Papain Ferrari, we strongly advocate for those who have been injured in motor vehicle accidents.  If you have been injured in a motor vehicle accident, please call us today at (212) 972.7040.