New York recognizes what is called, Comparative Fault. The doctrine of
Comparative Fault applies when the injured party was partially at fault
for their own injuries.
In a case where a party is partially at fault for their injuries, the case
proceeds similarly to a case where there was no Comparative Fault. The
percentage of fault for the parties involved may not reduce or eliminate
liability, but may reduce the damages an injured party can recover. For
example, if the jury were to determine that an injured party sustained
$100,000.00 of damages as a result of her injuries and also found her
to be 25% at fault for her own injuries and found the driver that struck
her to be 75% at fault. The result would be a $75,000.00 for the injured
party, not the full $100,000.00.
Just because an injured party was partially at fault does not mean they
cannot recover for the injuries they sustained.