You were driving through Vineland when another car ran a red light and hit you. Clear-cut case, right? Maybe. During the investigation, police discovered you were going 10 mph over the speed limit when the crash happened.
Now you’re wondering: Does this mean you can’t get compensation? What happens when you bear some responsibility for your accident? New Jersey comparative negligence car accident laws address exactly this situation, and the answer might surprise you.
How New Jersey Handles Shared Fault
New Jersey follows a “modified comparative negligence” system. This means you can still recover compensation even if you contributed to the accident, as long as you’re not more than 50% at fault.
Here’s how it works: If you’re found 20% responsible for the crash, your compensation gets reduced by that same percentage. Win a $100,000 verdict? You’d receive $80,000.
Real-World Examples of Partial Fault
Facing a partial fault car accident in NJ is more likely than you might think. Consider these common scenarios:
- Rear-end collision on Route 42. You’re rear-ended in stop-and-go traffic, but investigators find your brake lights weren’t working. You might be assigned 15% fault for the equipment failure, while the other driver bears 85% responsibility for following too closely.
- Intersection accident on Route 47. Another driver runs a stop sign and hits you, but you were texting at the time of impact. Even though the other driver violated traffic laws, your distracted driving might result in a 25% fault assignment.
- Atlantic City Expressway merge. A driver fails to yield while merging, causing a collision. However, you were in their blind spot and didn’t adjust your speed or position to avoid the crash. You could be found 30% at fault for failing to drive defensively.
Knowing you might be partially at fault shouldn’t discourage you from pursuing compensation. Many accident victims assume they can’t recover anything if they made any mistakes, but New Jersey law says otherwise.
Insurance companies often try to inflate your fault percentage to reduce their payouts. They might claim you were 60% at fault when the evidence suggests 40%. Having an experienced attorney becomes crucial in these situations.
The 51% Rule for NJ Car Accident Cases Explained
The 51% rule for NJ car accident cases creates a clear cutoff point. You recover nothing if you’re 51% or more at fault. At 50% fault, you still get half your damages. At 49% fault, you receive 51% of your compensation.
This rule protects against situations where someone primarily responsible for an accident tries to shift costs to another party. It helps ensure that the person most at fault bears the greater financial responsibility.
How Fault Gets Determined
New Jersey courts and insurance companies examine multiple factors when assigning fault percentages.
- Traffic violations. Speeding, running red lights, or failing to yield typically increase your fault percentage. Police reports documenting these violations carry significant weight.
- Road conditions. Weather, construction zones, or poorly maintained roads might reduce your fault percentage if they contributed to the accident.
- Vehicle maintenance. Faulty brakes, worn tires, or non-functioning signals can increase your liability, even if the other driver caused the initial incident.
- Witness testimony. People who saw the accident provide crucial perspectives on how events unfolded and who acted negligently.
The investigation can take weeks or months as everyone involved tries to prove their side of the story. Ultimately, fault percentages depend on who did what wrong and how much each person’s mistakes contributed to the crash.
Fighting Unfair Fault Assignments
At Petro Cohen, we’ve handled countless New Jersey comparative negligence car accident cases over our 25+ years in practice. We know how insurance companies manipulate fault percentages and have the experience to challenge unfair assignments.
We investigate every detail, from traffic camera footage to witness statements to accident reconstruction reports. Our goal is to confirm that you’re assigned only the fault percentage you actually deserve.
Even if you think you might be partially at fault, you may still be entitled to significant compensation. Contact Petro Cohen today for a free consultation. We’ll review your case and explain how modified comparative negligence in New Jersey applies to your situation.
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