Comparative negligence is a legal rule that affects how damages are awarded in accidents. In New Jersey, this rule helps decide how much a person can recover when they share some responsibility for what happened. Unlike some states that use contributory negligence, where any fault can block recovery, New Jersey allows people to recover damages as long as their fault is less than 50 percent.
Modified Comparative Negligence vs. Contributory Negligence
New Jersey follows a modified comparative negligence system. This means a person who is partially at fault can still collect damages, but the amount is reduced based on how much they are responsible. For example, if someone’s actions contributed 20 percent to an accident, their total damages would be reduced by 20 percent. Contributory negligence, used in other states, doesn’t allow any recovery if the person has any fault at all. This makes New Jersey’s rule more flexible for injured parties.
How Fault Is Determined
Fault is usually determined by evidence collected after the accident. This can include police reports, witness statements, traffic citations, and the condition of vehicles or property. Each party involved is assigned a percentage of fault. For instance, if an accident results in $10,000 in damages and a person is found 20 percent responsible, they would be able to recover $8,000. This percentage is critical because it directly affects the amount of compensation someone can receive.
Jury Role in Comparative Negligence
In cases that go to court, a jury can decide how much each party is at fault. The jury looks at all the evidence and decides the percentage of fault for each person involved. This percentage is then used to calculate how much each defendant must pay. If a defendant is found more than 60 percent at fault, the injured party can sometimes recover the full damages from that defendant.
Impact on Insurance Claims
Insurance companies also use comparative negligence when processing claims. They calculate how much each party is responsible and adjust compensation accordingly. If someone is found more than 50 percent at fault, they cannot recover any damages. This makes it important to preserve evidence and provide clear accounts of the accident. Photos, videos, and witness information can make a significant difference in how fault is determined and how much a person can recover.
Recovering Damages in New Jersey
Damages are the money awarded to cover losses from an accident. This can include medical bills, lost wages, property damage, and pain and suffering. In New Jersey, the amount a person recovers depends on both their damages and their percentage of fault. The law allows for fair compensation even when multiple parties share responsibility. This system ensures that each person pays for their share of the accident, but it also protects those who are less responsible from losing all recovery.
Understanding comparative negligence can help people know what to expect after an accident. New Jersey’s modified system allows recovery if a person is less than 50 percent at fault. Fault is determined through evidence, and both juries and insurance companies play roles in assessing responsibility. Damage awards are adjusted based on fault, which means preserving evidence and giving accurate accounts is important.
Get Legal Help
If you were injured in an accident and want to understand your rights under New Jersey’s comparative negligence rules, talk to a top-rated accident attorney. They can help you figure out your percentage of fault, gather evidence, and ensure you recover the compensation you deserve. Call (732) 229-3200 to get guidance and support for your case.