New Jersey follows the comparative negligence rule. This plays a crucial role in car accident claims. It allows for allocating fault among all parties involved in an accident.
Understanding how this law impacts your car accident claim is important, as it can influence your case.
Comparative negligence defined
Under this rule, the injured individual can recover damages if their percentage of fault is 50% or less. You are barred from recovering any compensation if you are more than 50% at fault for the accident or your own injuries.
Determining fault
Fault determination is critical in any car accident claim. Insurance companies and courts examine various factors to assign a percentage of fault to each party involved. This process involves evaluating evidence such as police reports, witness statements, traffic laws and accident reconstruction analyses.
It is important to understand that what you do after a car accident may impact your percentage of fault. For example, apologizing or admitting fault may impact your ability to recover any compensation. It is best to limit conversations with others involved in the accident and insurance companies to ensure that fault is not unfairly shifted your way.
Impact on compensation
Once all information is evaluated, you will be assigned a percentage of fault. This directly impacts the compensation you receive.
For example, if you are found to be 30% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 30%, allowing you to recover $70,000. This reduction in compensation underscores the importance of presenting a strong case to minimize your fault percentage.
Navigating a car accident claim
Understanding how comparative negligence works is essential if you are involved in a car accident. It is often beneficial to seek legal guidance to protect your rights and argue for a fair assignment of fault.
