Photo of Bryan R. Gavin and Salvatore Imbornone Jr.

New Jersey

Personal Injury Attorneys

Can I recover compensation for a crash if partly at fault?

On Behalf of | Oct 31, 2024 | Motor Vehicle Accidents |

In New Jersey, determining liability in car accidents involves understanding the state’s modified comparative negligence laws. If you are partially at fault for an accident, you may still be eligible to recover compensation for your damages. However, the extent to which you can claim depends on your level of fault.

Here, you can learn about the specifics of the comparative negligence rule

New Jersey’s modified comparative negligence rule

New Jersey follows a modified comparative negligence system with a 51% threshold. This means you can recover compensation if you are partially at fault, provided your level of fault does not exceed 50%. You are barred from recovering any damages if you are 51% or more at fault. 

For instance, if you are found to be 30% at fault for the accident, you can still recover compensation, but your share of fault will reduce the award. So, if you were awarded $10,000 in damages, you would receive $7,000 after a 30% reduction.

How fault is determined

Fault is assessed based on evidence from the accident scene, witness statements, police reports and other documentation. Insurance companies and legal professionals use this information to assign a percentage of fault to each involved party. Understanding how your actions contributed to the accident is essential to assess your compensation eligibility accurately.

Why you need legal representation

If you believe you may be partly at fault for a car accident in New Jersey, seeking guidance from an experienced attorney is crucial. An attorney can help navigate the complexities of the state’s comparative negligence laws, advocate for your interests and work to minimize your assigned level of fault to maximize your potential compensation. 

Understanding your rights and responsibilities ensures you take the appropriate steps to secure the financial recovery you deserve, even if you share some responsibility for the accident.

fb