Personal injury cases can be complicated, especially when both parties share some level of fault for an accident. In New Jersey, the state’s approach to shared fault, known as “comparative negligence,” plays a key role in determining the outcome of personal injury lawsuits. If you’ve been injured in an accident and are wondering how shared responsibility might affect your case, understanding New Jersey’s comparative negligence law is essential.

What is Comparative Negligence?

Comparative negligence is a legal principle that determines the amount of compensation you may receive in a personal injury case if you share some fault in the incident. Rather than barring recovery entirely, New Jersey’s comparative negligence rule allows you to still recover damages as long as your level of fault does not exceed 50%. This means if you were partly responsible for the accident but less than half to blame, you could still be eligible for compensation, though it will be reduced by your percentage of fault.

Modified Comparative Negligence in New Jersey

New Jersey uses a specific type of comparative negligence called “modified comparative negligence.” This approach has a 51% rule, which bars recovery if you are found to be more than 50% at fault for the incident. Here’s how it works in practice:

1. If You’re Less Than 50% at Fault – You may still receive compensation, but the total amount will be reduced by your percentage of fault. For example, if you were found to be 30% responsible for a car accident and awarded $100,000, you would only receive $70,000, which is the award minus 30%.
2. If You’re More Than 50% at Fault – Under New Jersey law, if you’re found to be more than 50% at fault, you cannot recover any compensation from the other party involved in the accident. This rule is often used to prevent those who bear the majority of the blame from receiving damages.

Determining Fault in a Personal Injury Case

In New Jersey, determining fault is a critical step in any personal injury lawsuit. Courts consider evidence, witness testimonies, accident reports, and sometimes even expert analysis to assess each party’s role in the accident. Typically, insurance companies and lawyers will negotiate fault percentages, but when cases go to trial, the judge or jury will assign percentages of fault to each involved party.

A few common factors that contribute to fault determinations include:

• Traffic Violations: If either party broke traffic laws at the time of a car accident, this can heavily influence fault. For instance, if a driver was speeding or running a red light, they may bear a greater percentage of responsibility.
• Driver Distractions: Being distracted by a phone, GPS, or other devices can significantly affect fault. If one party was distracted while the other was not, the distracted party may shoulder more responsibility.
• Failure to Yield: Failing to yield, especially in cases involving pedestrians or cyclists, often leads to higher fault percentages for the driver.
• Negligence in Other Settings: Beyond traffic incidents, slip-and-fall accidents or workplace injuries also involve assessing whether individuals or companies followed safety guidelines.

How Shared Fault Affects Your Personal Injury Claim

In New Jersey, the amount of compensation you can receive is directly affected by your level of fault. This means that even if the other party is mostly responsible, any shared fault on your part will reduce your potential settlement. For example, if you’re 25% at fault in a case with a $40,000 settlement, your award will be reduced by 25%, leaving you with $30,000.

It’s worth noting that insurance companies are motivated to minimize payouts, and they often argue that the injured party bears some degree of responsibility to lower the settlement amount. This is why having an experienced personal injury attorney on your side can make a significant difference. A knowledgeable lawyer can work to build a strong case that minimizes your assigned fault percentage, increasing the amount of compensation you might receive.

Comparative Negligence in Car Accidents

Car accidents are one of the most common scenarios where comparative negligence comes into play. Given the complex factors that contribute to crashes—speed, weather, road conditions, and individual driving behaviors—both drivers are often assigned some level of fault. For example, if a rear-end collision occurred and the driver in front made a sudden stop, both drivers may share the blame. However, the rear driver could be found more at fault if they were following too closely or not paying attention.

In these cases, New Jersey’s comparative negligence law offers a way for partially at-fault drivers to still recover compensation. With car repairs, medical bills, and other expenses adding up, even a partial recovery can make a significant impact on your financial situation.

Other Types of Personal Injury Cases and Shared Fault

Comparative negligence doesn’t just apply to car accidents. Slip-and-fall cases, workplace injuries, and even medical malpractice claims can involve shared fault. For example, in a slip-and-fall case, the property owner might argue that you were distracted or ignoring posted warning signs, thus assigning some responsibility to you. In these situations, a modified comparative negligence approach allows injured parties to still pursue compensation, even if they share partial fault.

What To Do if You’re Concerned About Being Found Partly Responsible

If you’re worried that shared fault might affect your personal injury case, consulting with an attorney can help clarify your options. An experienced New Jersey personal injury lawyer at Petrillo & Goldberg Law can review the details of your case, gather evidence to minimize your percentage of fault and help protect your rights throughout the process. To learn more and to schedule a free consultation with one of our New Jersey car accident lawyers, call us today at 856-486-4343. Calling us is free, and because we take all cases on a contingency basis, we won’t collect a fee for our representation unless we can recover compensation on your behalf.