When an accident happens, it’s natural to question who’s responsible. But what if you were partly to blame? Many injured people assume that being even slightly at fault means they cannot recover compensation. Fortunately, under New Jersey law, that’s not always the case. The state’s comparative negligence rule allows you to seek damages even when you share some responsibility for the accident.
Understanding Comparative Negligence in New Jersey
New Jersey follows what’s known as a modified comparative negligence system. This means that in a personal injury claim, fault can be divided among all parties involved, including you. Each person’s degree of responsibility is expressed as a percentage.
Here’s how it works:
You can still recover compensation as long as you are not more than 50% at fault for the accident.
Your compensation is reduced by your percentage of fault.
If you are 51% or more responsible, you cannot recover damages from the other party.
For example, suppose you were injured in a car crash where the other driver ran a red light, but you were speeding at the time. A jury might find that you were 30% at fault. If your total damages were $100,000, you would be entitled to recover $70,000, reflecting the 30% reduction for your share of fault.
How Fault Is Determined
Determining fault in an accident isn’t always clear-cut. Insurance companies, attorneys, and sometimes juries review all available evidence, including:
Police reports and witness statements
Photos or video footage of the scene
Medical records and injury documentation
Accident reconstruction reports
Statements made by those involved
It’s important to remember that insurance adjusters often try to assign more blame to injury victims to reduce the payout. Having an attorney who understands comparative negligence and how to challenge unfair fault allocations can make a significant difference in your recovery.
Examples of Partial Fault Scenarios
You can still file a claim in many situations where you may have contributed to the accident. For instance:
Car accidents: You were hit by a distracted driver, but weren’t wearing a seatbelt.
Slip and fall injuries: You slipped in a poorly maintained store but didn’t notice a warning sign because it was placed in an obscure spot.
Pedestrian accidents: You crossed outside a crosswalk, but the driver was speeding or texting.
Each of these situations might involve shared fault, yet compensation is still possible if the other party was more responsible for what happened.
Why Comparative Negligence Matters
Understanding comparative negligence is important because it directly affects your potential compensation. It allows for a fairer process, recognizing that accidents are often the result of multiple contributing factors, not just one person’s mistake.
However, it also means that every percentage point matters. The more fault assigned to you, the less you can recover. That’s why gathering evidence and working with an experienced legal team early in the process can strengthen your claim and protect your rights.
Steps to Take if You Might Be Partially at Fault
Even if you believe you share some blame, it’s important not to give up on your case. You can take several steps to protect your right to compensation:
Seek medical attention immediately to document your injuries.
Avoid admitting fault at the scene or in conversations with insurers.
Collect evidence such as photos, witness contact information, and police reports.
Consult an attorney before speaking with insurance companies.
Your attorney can help ensure that fault is properly assessed and that your version of events is clearly represented.
Protecting Your Rights After an Accident
Comparative negligence law can be complex, but you don’t have to face it alone. At The Cassidy Law Firm, LLC, we help injured people across New Jersey understand their rights and pursue the compensation they deserve, even when fault is disputed. We’ll review your case, gather the evidence, and work to minimize the impact of any alleged fault so you can focus on your recovery.
Ready to Discuss Your Case?
If you were injured in an accident and worry that you might have been partially at fault, you still have options. Contact The Cassidy Law Firm, LLC today for a free consultation. We’ll explain how comparative negligence applies to your situation and help you take the next step toward financial recovery.