Generally speaking, the answer is no. New York is a comparative negligence state, which means that each party to an accident (with certain exceptions that are set forth in Articles 14 and 16 of the Civil Practice Law & Rules) is obligated to pay for their pro rata share of fault for the accident. A prime example of this principle is illustrated in our blog post about How a Brooklyn Subway Accident Victim Won $7 Million - Even Though He Was Largely At Fault For His Own Accident, where a plaintiff recovered significant damages for his personal injuries after a subway train hit him even though he was only on the subway tracks to begin with because he was heavily inebriated and/or intoxicated.
"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.
The book addresses important topics including what you need to prove to win your accident case, and identifies some of the most common pitfalls to these cases. Click on the link above to get your FREE eBook on New York accident cases. Contact Long Island, New York accident attorney Jonathan Cooper at 516.791.5700 for a FREE consultation regarding your negligence case. There is no obligation to hire a lawyer.