Car accidents are stressful, and the legal aftermath can be confusing, especially when you might share some blame for the collision. In New Jersey, many drivers believe that being even slightly at fault means they miss out on their right to compensation. However, this is not the case. Understanding New Jersey’s comparative negligence rule is key to pursuing a successful injury claim and recovering the damages you deserve. If you’re wondering whether you can recover damages even if you were partly at fault, read on and consult with a Middlesex County auto accident attorney today.
Can I Recover Damages if I Was Partly At Fault for an Accident in NJ?
Yes, you can still recover damages even if you were partly at fault for a car accident in New Jersey, due to the state’s comparative negligence laws. Being somewhat liable does not automatically bar you from seeking compensation for your injuries and losses, given that your level of fault is below a certain threshold.
“Partly at fault” refers to the percentage of responsibility assigned to you for causing the accident. For example, if a jury determines that your speeding contributed to the crash, but the other driver running a red light was the main cause, you might be found 20% at fault, and the other driver 80% at fault. This percentage is crucial as it directly impacts your ability to recover compensation.
New Jersey operates under a modified comparative negligence system, sometimes called the 51% rule. This rule states that you can recover damages as long as your percentage of fault is determined to be 50% or less. If your fault is 51% or greater, you are legally barred from recovering any damages from the other parties. If you are 50% or less at fault, the total damages you are awarded will be reduced proportionally by your percentage of fault. For example, if you are awarded $100,000 but were found 30% at fault, you are only entitled to recover $70,000.
How is Fault Determined in an NJ Car Accident Case?
The process of assigning fault begins with insurance adjusters during the initial claim investigation. However, these early determinations are not final. If a case proceeds to court, a judge or jury can allocate a specific percentage of responsibility to each party. Accurately assigning fault is important because, as established, drivers in NJ are barred from recovering compensation if they are found to be 51% or more at fault.
To establish fault, investigators and courts rely on various forms of evidence, including official police reports, statements from witnesses, any available surveillance footage, analysis of vehicle damage patterns, and expert accident reconstruction reports. It is important to note that fault percentages can change throughout the case. Disputes over fault are common during settlement negotiations, and trial juries often assign percentages that differ from the insurer’s initial proposals.
If you were involved in a car accident in New Jersey and have questions or concerns regarding your ability to recover compensation, do not hesitate to contact a skilled attorney today.
