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.
Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer