When you are injured in a car accident, determining exactly what happened and who was responsible has always been important. Under a major change to New York law in 2026, it can now make an even bigger difference in your ability to recover compensation.
For decades, New York followed a pure comparative negligence system. In a car accident case, an injured person’s compensation could be reduced based on their percentage of fault, but being primarily responsible did not necessarily prevent them from recovering altogether.
That has changed for motor vehicle personal injury cases. Under New York’s new modified comparative negligence rule, an injured claimant will be barred from recovering damages if their share of fault is greater than 50%. That makes a complete investigation of an accident more important than ever.
A Few Percentage Points Could Change Your Case
Consider an accident where both drivers share responsibility. If an injured driver is found 40% at fault, their potential recovery may be reduced by that percentage. But if that driver is found to bear the greater share of fault, the new law may prevent them from recovering damages from the other party at all.
In other words, the determination of fault is no longer only about how much compensation you may receive. In some cases, it can determine whether you are able to recover anything from the other party.
Insurance companies have their own investigators, attorneys, and resources working to evaluate an accident and determine responsibility. An injured person should have someone working just as hard to preserve the evidence and tell their side of the story.
This is why contacting an experienced personal injury attorney early can be so important.
A Thorough Investigation Can Help Establish What Really Happened
The moments immediately before a crash can be complicated. Drivers may remember events differently, witnesses can disappear, surveillance footage may be erased, and physical evidence can change or be lost over time.
An experienced attorney can begin investigating quickly and look beyond the initial police report to develop a more complete picture of what occurred. Depending on the accident, that may include obtaining photographs and video, locating witnesses, reviewing vehicle damage, securing available surveillance or dash-camera footage, examining roadway conditions, and working with accident reconstruction or engineering experts.
Cell phone records, vehicle data, traffic signals, skid marks, sight lines, and other evidence may also become important depending on the circumstances. The goal is to preserve as much reliable evidence as possible before it disappears and use that evidence to accurately establish how the crash occurred and who was responsible.
Experience Matters Under New York’s New Rules
New York’s change in the law raises the stakes when fault is disputed. An insurance company may have an even greater incentive to argue that an injured person bears the greater share of responsibility because that determination could potentially bar a recovery. That is why choosing an attorney with extensive experience investigating motor vehicle accidents matters.
Attorney Mark T. Freeley brings more than 35 years of experience handling personal injury matters. When necessary, he works with a team of investigators and experts to gather and preserve evidence, analyze how an accident happened, and build the strongest case possible regarding fault.
Waiting too long can make that job harder. Evidence can disappear, memories can fade, and important records may become more difficult to obtain. Acting quickly gives your attorney a better opportunity to conduct a complete investigation and protect your rights from the beginning.
Get Help After a Car Accident on Long Island
If you have been injured in a car accident in Nassau County or Suffolk County, understanding New York’s new rules (and how they may affect your case) is important. You do not have to figure it out on your own. The North Shore Injury Lawyer can investigate the accident, gather available evidence, work with investigators and experts when needed, and advocate for your rights throughout the process.
With more than 35 years of experience, Mark T. Freeley understands how important the details can be, especially now that the percentage of fault assigned after an accident can have an even greater impact on your ability to recover compensation.
If you or someone you love has been injured in a car accident on Long Island, contact their team as soon as possible. Call 631-495-9435 or email the office today for a free consultation. The sooner an investigation begins, the better the opportunity to preserve the evidence that could matter to your case.