How Does NY Pure Comparative Negligence (CPLR § 1411) Affect My Recovery? by Keetick L. Sanchez

How Does NY Pure Comparative Negligence (CPLR § 1411) Affect My Recovery? by Keetick L. Sanchez NY pure comparative negligence under CPLR § 1411 can reduce or bar your recovery in Queens — attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. explains exactly how. CPLR § 1411 divides comparative negligence into two separate standards depending on how your injury occurred. For general personal injury claims such as slip-and-falls, construction accidents, and wrongful death actions, subsection (a) applies pure comparative negligence, meaning your damages are reduced in proportion to your share of fault but recovery is never barred entirely. A plaintiff found 99% at fault for a slip-and-fall can still collect 1% of a proven verdict. Motor vehicle accident claims follow a stricter modified comparative negligence rule under subsection (b), which bars recovery entirely when a claimant's fault percentage exceeds that of the defendant or defendants combined — in practice, being more than 50% at fault eliminates your right to recover in a car accident lawsuit. New York's no-fault system under Insurance Law Article 51 covers basic medical bills and lost earnings regardless of fault, but stepping outside no-fault to pursue a personal injury lawsuit makes fault percentages decisive. In a motor vehicle case, a judge or jury assigns fault percentages before evaluating damages, so a serious injury finding cannot save a claim where the plaintiff carries more than 50% of the fault. Fault is established through police accident reports (MV-104A), dashcam and surveillance footage, witness statements, scene photographs, medical records, and accident reconstruction experts. Under Rodriguez v. City of New York, 31 N.Y.3d 312 (2018), a plaintiff seeking partial summary judgment on liability does not need to prove freedom from comparative fault to establish a defendant's negligence — but keeping fault at or below 50% in a motor vehicle claim remains absolutely critical. Attorney Keetick L. Sanchez is a lifelong New York resident admitted in all five boroughs who worked as a trial litigation paralegal on Labor Law § 240 and § 241(6) scaffold cases, motor vehicle accidents, and slip-and-fall actions before and during law school at Touro College Jacob D. Fuchsberg Law School. 🕒 TIMESTAMPS 0:00 NY Pure Comparative Negligence Overview 0:06 Partial Fault Does Not Always Bar Recovery 0:15 CPLR § 1411 Two Standards Explained 0:26 Pure Comparative Negligence for General Claims 0:47 Motor Vehicle 50% Bar Rule 0:59 No-Fault Insurance Law Article 51 1:13 How Fault Percentages Are Assigned at Trial 1:31 Evidence Used to Determine Fault 1:43 Rodriguez v. City of New York Decision 2:02 About Attorney Keetick L. Sanchez 🔗 LINKS & RESOURCES Pure Comparative Negligence page: https://accidentlawyer-queens.com/nyc... Google Business Profile: https://maps.app.goo.gl/QH6GYSnMNtji2... Google Maps: https://www.google.com/maps?cid=27296... Call for a free consultation: (646) 701-7990 📍 OFFICE K L Sanchez Law Office, P.C. 37-06 82nd St #304 Jackson Heights, NY 11372 (646) 701-7990 👋 ABOUT THE FIRM K L Sanchez Law Office, P.C. serves injury victims throughout Queens, Jackson Heights, and New York City. Attorney Keetick L. Sanchez is a Touro Law graduate and former trial litigation paralegal who handles motor vehicle accidents, slip-and-fall claims, and Labor Law cases across all five boroughs. People also ask: How does CPLR § 1411 affect a car accident claim in Queens, NY? What happens if I am more than 50% at fault in a New York motor vehicle accident? What is the difference between pure and modified comparative negligence in New York? How long does it take for a jury to assign fault percentages in a New York personal injury trial? Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your jurisdiction. #KLSanchezLawOffice #PersonalInjuryNY #QueensNY #CPLR1411 #ComparativeNegligenceNY