The moment after a crash, it is one of the first questions to start creeping in: Was the car accident my fault? In New Jersey, the answer is not always black and white. Under the state’s comparative negligence system, multiple drivers can share fault, and some may still be able to recover compensation. In this post, we will explain how New Jersey’s comparative negligence law works and what it means for your car accident claim.
If you are worried whether being “a little at fault” disqualifies you from a claim, that is where a good attorney comes in. At Petro Cohen, we examine every angle, reconstruct the facts, and fight for fair outcomes. Partial fault does not have to mean partial justice.
What Does Comparative Negligence Mean When It Comes to New Jersey Car Accident Liability?
New Jersey’s legal system allows injured drivers to recover damages even when they share car accident liability—at least, up to a point. Under New Jersey’s comparative negligence law, drivers can:
· Recover compensation for an accident as long as their percentage of fault is 50% or less;
· Have their total compensation reduced by their percentage of fault; and
· Be barred from recovery if found more than 50% responsible for a crash.
So, let us say your total damages are $100,000, but the court decides you were 20% at fault. You would still receive $80,000.
Put simply, New Jersey’s comparative negligence system means that your percentage of fault in an accident affects every dollar you can receive in compensation.
Car Accident My Fault—But Not Entirely
If you are asking, “What happens if the car accident was my fault, but only partially?” the answer lies in how fault is divided. Drivers often share responsibility in accidents. For example, imagine that:
· One driver speeds through a yellow light, and
· The other fails to yield while making a turn.
In this case, insurers may split fault (perhaps 60/40 or 70/30) depending on the evidence. Your ability to recover depends entirely on staying under the 51% threshold.
Insurance companies often try to shift more blame onto you to reduce payouts. That is why you must establish car accident liability with hard evidence, not assumptions. Without legal guidance, it is easy for your share of blame to be unfairly inflated. Petro Cohen helps level the field. Our attorneys know what evidence to present and how to challenge inflated or inaccurate fault claims.
What Counts as Evidence in a Disputed At-Fault Car Accident Case?
An at-fault car accident outcome is not just about opinion but proof. Strong evidence that can help determine car accident liability includes:
· Police reports that note citations or officer observations;
· Surveillance footage or dashcam video;
· Eyewitness statements from neutral third parties;
· Photographs of damage, debris, skid marks, or road conditions;
· Expert analysis from accident reconstruction specialists; and
· Medical records show the timing and severity of injuries.
The more thorough your evidence, the harder it becomes for insurers to shift blame unfairly. That is where your legal team can make all the difference.
We Know Fault Is not Always Clear, But Your Rights Should Be
At Petro Cohen, we have built a reputation on results, not empty promises. With over 200 years of combined legal experience, our firm does not shy away from tough cases. When you are involved in an accident and unsure who is to blame, or how much that blame affects your recovery, we step in early, gather critical evidence, and help build a strategy that reflects the truth.
Our advocates have spent decades handling disputes involving at-fault car accidents, including multi-vehicle crashes, rideshare collisions, and complex comparative negligence cases. We understand how New Jersey law works, how insurers twist the facts, and how to protect you from being unfairly penalized.
Contact our office to schedule your free consultation today and learn more about how we can help.
Loading...