Dealing with the aftermath of a car accident can be complicated, even more so when you potentially contributed to the collision. New Jersey’s modified comparative negligence rule dictates how fault affects your ability to recover damages. Understanding your legal options when you share fault is imperative. Continue reading and speak with a skilled Monmouth County car accident lawyer today.
How is Fault Determined in a Car Accident Case?
Fault is determined by assessing the negligence of each driver, often through police reports, witness statements, and evidence like skid marks or damage analysis. Insurance adjusters initially assign fault percentages, but in complex cases or lawsuits, a jury or judge makes the final determination. They apply the principle of comparative negligence, assigning a percentage of responsibility to all parties involved, which directly impacts the right to recover damages under New Jersey law.
What is Comparative Negligence?
New Jersey operates under a modified comparative negligence rule, which is important when determining your legal options after an accident where you share fault. This legal concept states that an injured party can still recover damages even if they are partially responsible for the accident, but their recovery will be reduced by their percentage of fault.
As established, in a car accident claim, the court or insurance companies will assign a percentage of fault to each party involved. If you are found 20% at fault for the crash and the total damages are $100,000, your recoverable compensation would be reduced by $20,000, leaving you with $80,000.
It’s important to understand that New Jersey law includes a “51% bar” rule. This means that if a court determines your percentage of fault is 51% or greater, you are completely barred from recovering any damages from the other party.
What Are My Legal Options if I Share Fault in an NJ Car Accident?
Keep in mind that New Jersey is a no-fault accident state, so drivers generally recover compensation from their own insurance provider for injury-related expenses. However, depending on the circumstances, you may be able to take additional legal action. If you share some fault (up to 50%), your legal options include:
- Filing a third-party liability claim: You can file a claim against the other driver’s insurance, even if you share fault. Any recovery will be reduced by your percentage of responsibility.
- Filing a lawsuit: You can sue the at-fault driver. This is often necessary when insurance negotiations fail or when the other party disputes fault. A jury or judge will ultimately determine the percentages of fault.
- PIP coverage: Regardless of fault, New Jersey is a no-fault state for Personal Injury Protection (PIP) benefits. Your own auto insurance will cover your medical expenses up to your policy limit, regardless of who was at fault.
Consulting with an experienced New Jersey car accident attorney is crucial to accurately assess your percentage of fault and maximize the compensation you can recover, even when you share liability.
