What Is Comparative Fault In New York?

There are three types of comparative fault systems that every state and jurisdiction follows in personal injury cases, with New York having the most lenient system. New York uses a “comparative fault” system, which means that an accident victim located in Brooklyn, NY could still receive damages even if they were 99% responsible for the accident. Although, their reward will be much lower than usual because they carry partial blame. For example, if a driver is hit by another drunk driver but was texting at the time of the crash as well, both parties will be found to share a proportionate amount of fault. A jury will then handle two questions related to this scenario. First, they will assign a monetary amount that represents the total damages done to the injured driver. Second, they ask and determine what percentage of the blame should be attributed to each party for causing the accident. If the plaintiff, in this case, was awarded $100,000 in damages but the jury found that texting contributed 60% to the accident, under many state laws, the award would be reduced to $40,000 because plaintiffs are not allowed to receive compensation if they are more than 50% at fault.

How Long Do I Have To File A Car Accident Claim In New York?

New York state law is very strict when it comes to filing personal injury lawsuits. If you were injured in a car accident, you will have three years from the date of the accident to file a claim. Similarly, if someone close to you died in a Brooklyn car accident, you would have two years from the date of their death to take legal action. However, the statute of limitations laws in New York differs in certain scenarios. For example, claims involving the government have an accelerated timetable while the statute of limitations for claims involving injured children or hit-and-run drivers is extended. The key point to remember is this: if you miss the deadline for your case, you won’t be compensated. Furthermore, the later you take action, the lower the chance that you’ll be rewarded an amount that reflects your claim’s true value. So, contacting a Brooklyn auto accident lawyer as soon after being in an accident is vital for a successful personal injury claim.

Can I Still Get Money If I Share Fault For My Brooklyn Car Accident?

Yes, you can still be compensated if you share fault in an accident. Comparative fault allows people to receive compensation for an accident even if they share some of the blame. You may still be compensated as long you don’t hold all the blame. Although, your damages will decrease according to the percentage of responsibility you play in relation to the accident. If you’re 20% at fault, then 20% will be deducted from any potential compensation. New York law also states that you could owe 20% of damage repairs to anyone else involved in the crash. After you’ve been in an accident, it’s common for other responsible parties and their insurance companies to attempt to shift the blame onto you. Protect yourself by working with a skilled Brooklyn car accident lawyer. With decades of experience representing injured victims, Rosenberg & Rodriguez understand how to take the necessary steps to nip those kinds of tactics in the bud. We’re aware that being held less responsible means more money for you–so be confident that we’ll do everything possible to negotiate on your behalf and show that you weren’t liable.

Brooklyn Car Accident Lawyers

Injured In An Accident?

Call Rosenberg & Rodriguez, PLLC

(866) 367-8257

Car Accident Lawyer Brooklyn, NY

If you’ve been in a car accident, our Brooklyn, NY car accident lawyer is here to help. At Rosenberg & Rodriguez, we’ve recovered a $550,000 rear-end accident settlement, a $500,000 auto accident settlement, and an $815,000 jury verdict. We’ve helped our clients recover millions of dollars from insurance companies that tried to underpay their claims.

Why Choose Rosenberg & Rodriguez for Car Accident Cases in Brooklyn, NY?

Results That Speak for Themselves

Our case outcomes demonstrate what we accomplish for car accident victims:

• $815,000 jury verdict

• $760,000 jury verdict

• $875,000 settlement in a high-risk liability case

• $550,000 rear-end accident settlement

• $500,000 auto accident settlement

• $475,000 settlement before trial

• $290,000 settlement

These results come from thorough preparation, aggressive negotiation, and the willingness to take insurers to trial when they refuse fair settlements. If you need a personal injury attorney in Brooklyn, NY, contact us today.

Ivan Rodriguez: 25 Years Fighting for Accident Victims

Ivan Rodriguez has practiced personal injury law in New York for 25 years. He has tried car accident cases in both State and Federal Courts, winning verdicts when insurance companies refused fair settlements.

He understands New York’s complex insurance laws, including the no-fault system, serious injury threshold, and comparative negligence rules. That knowledge helps him fight to maximize recovery for every client.

Laura Rosenberg: Recognized by Super Lawyers Since 2019

Laura Rosenberg has been licensed in New York and New Jersey since 2001. Super Lawyers has recognized her every year from 2019 through 2026, placing her among the top 5% of attorneys.

She is a member of the Brooklyn Women’s Bar Association, the New York State Bar Association, and the New York State Trial Lawyers Association. She also advises the Freeport High School Moot Court Team.

We Handle Everything

After a car accident, you should focus on healing. We handle the rest. We communicate with insurance companies so you don’t have to. We gather police reports, medical records, and witness statements. We calculate the full value of your claim and fight for every dollar you deserve.

Contingency Fee Representation

You pay nothing upfront. We advance all costs and only collect a fee if we recover compensation for you. This puts experienced attorneys in your corner without adding financial stress during recovery.

What Our Clients Say

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“I was in a bad car accident and didn’t know what to do. A friend recommended Rosenberg & Rodriguez and I’m so glad I called them. They handled everything while I focused on getting better. The settlement was more than I expected. Thank you for everything!” – carrie lawrence

Read more reviews on our Google Business Profile.

Types of Car Accident Cases We Handle in Brooklyn

Car crashes occur throughout Brooklyn every day. We handle all types of motor vehicle collision claims.

Rear-end collisions. Distracted or tailgating drivers cause rear-end crashes that result in whiplash, back injuries, and head trauma. We wrote about common injuries in rear-end collisions and their legal implications.
Intersection accidents. Drivers who run red lights or fail to yield cause devastating T-bone collisions at Brooklyn intersections.
Sideswipe crashes. Unsafe lane changes on busy Brooklyn streets cause sideswipe accidents that can force vehicles into oncoming traffic or parked cars.
Head-on collisions. Wrong-way drivers, distracted motorists crossing the center line, and drivers losing control cause the most catastrophic crashes.
Hit and run accidents. When drivers flee after causing a crash, we work with police and witnesses to identify them. If they can’t be found, we pursue claims through your uninsured motorist coverage.
Multi-vehicle pileups. Chain-reaction crashes on the BQE, Belt Parkway, and other Brooklyn highways involve multiple drivers and insurance companies.
Uber accidents. Rideshare crashes involve complex insurance issues. We know how to identify which policy applies and maximize your recovery.
Truck accidents. Commercial vehicles cause catastrophic injuries. Federal regulations create additional liability for trucking companies.
Uninsured and underinsured motorist claims. When the at-fault driver lacks adequate insurance, we pursue claims through your own policy.

New York Legal Requirements for Car Accident Cases

New York has specific insurance and liability rules that affect car accident claims.

No-Fault Insurance

New York is a no-fault state. After a car accident, your own insurance pays your medical bills and a portion of lost wages through Personal Injury Protection (PIP), regardless of who caused the crash. Standard PIP coverage provides up to $50,000.

This means you can get medical treatment immediately without waiting to prove the other driver was at fault. However, no-fault benefits have limits and don’t cover pain and suffering.

Serious Injury Threshold

To sue the at-fault driver for additional compensation beyond no-fault benefits, you must meet the “serious injury” threshold under New York Insurance Law Section 5102(d).

Qualifying serious injuries include:

• Bone fractures

• Significant disfigurement

• Permanent limitation of use of a body organ or member

• Significant limitation of use of a body function or system

• A medically determined injury preventing substantially all normal activities for at least 90 days during the 180 days following the accident

Many car accident injuries meet this threshold. Insurance companies often argue injuries aren’t serious enough to qualify. An experienced attorney knows how to document injuries and counter these arguments.

Statute of Limitations

New York’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit. Missing this deadline means losing your right to sue.

For claims against government entities, such as accidents involving city vehicles or caused by defective road conditions, you must file a notice of claim within 90 days.

Comparative Fault

New York follows pure comparative negligence rules under CPLR 1411. You can recover damages even if you share some fault for the accident. Your recovery gets reduced by your percentage of responsibility.

Insurance companies aggressively argue that accident victims contributed to their own crashes. They claim you were speeding, distracted, or failed to take evasive action. An experienced attorney counters these arguments with evidence.

What Damages Are Recoverable in a Brooklyn, NY Car Accident Case?

Car accident victims can pursue significant compensation beyond what no-fault insurance provides.

Economic Damages

These cover your measurable financial losses:

• Medical expenses beyond PIP coverage

• Future medical treatment for ongoing injuries

• Lost wages beyond what no-fault covers

• Reduced earning capacity if injuries affect your ability to work

• Vehicle repair or replacement

• Rental car costs

• Out-of-pocket expenses

According to the National Highway Traffic Safety Administration, motor vehicle crashes cause millions of injuries annually. The CDC injury data confirms that car accidents remain a leading cause of emergency department visits.

Non-Economic Damages

New York allows compensation for pain and suffering when you meet the serious injury threshold, including:

• Physical pain from injuries and medical treatment

• Emotional distress, anxiety, and depression

• Loss of enjoyment of daily activities

• Permanent scarring or disfigurement

• Loss of consortium affecting your relationship with your spouse

Some injuries don’t appear immediately. Brain injuries can cause symptoms that develop over days or weeks. Soft tissue injuries like whiplash may not show on initial imaging. Back injuries and neck injuries often worsen before they improve.

Punitive Damages

When a driver’s conduct is particularly egregious, such as drunk driving or street racing, New York courts may award punitive damages to punish the wrongdoer.

Contact Rosenberg & Rodriguez

If you were injured in a car accident in Brooklyn, our firm can help you fight for the compensation you deserve.

We offer free consultations to accident victims. We’ll review your case, explain your legal options, and answer your questions. No obligation. No pressure.

Our contingency fee arrangement means you pay nothing unless we win. We advance all costs and only collect a fee when you recover compensation.

With over 100 combined years of experience, our attorneys understand New York’s complex car accident laws. We know how to build strong cases and counter insurance company tactics.