Jersey Shore Personal Injury and Employment Specialists

How does comparative negligence affect NJ car accident claims?

On Behalf of | Apr 12, 2023 | Car Accidents |

Car accidents can be a traumatic experience for everyone involved. Not only do they often result in physical injuries, but they can also leave emotional scars that can last for years. 

In New Jersey, the comparative negligence law can impact your ability to recover damages if you’ve been involved in a car accident. Here, you can learn how New Jersey’s comparative negligence law works and how it can impact your car accident claim.

What is comparative negligence?

Comparative negligence is a legal principle determining the degree of fault for each party involved in an accident. Under this principle, each party is responsible for their share of the fault, and damages are awarded accordingly. In other words, if you are found to be partially at fault for an accident, your damages will be reduced by the percentage of fault assigned to you.

New Jersey follows a modified comparative negligence law, meaning you can still recover damages even when you are partially at fault for the accident. However, there is a threshold of 50%. If you are found to be more than 50% at fault, you cannot recover any damages.

How does this affect your car accident claim?

In a car accident claim, comparative negligence can impact your ability to recover compensation. Let’s say you were involved in a car accident, and the court determined that you were 20% at fault for the accident. If your damages are $100,000, your recovery would be reduced by 20% to $80,000. On the other hand, if you were found to be 51% at fault for the accident, you would not be able to recover any damages. 

New Jersey’s comparative negligence law can impact your car accident claim. Taking the right steps after an accident can increase your chances of getting the compensation you deserve.