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Yes. Under New Jersey law, you can still recover damages even if you were partially at fault for your accident—as long as you were not more than 50% responsible. This rule is known as modified comparative fault, and it can significantly impact how much compensation you receive. Your total damages will be reduced in proportion to your share of the blame, but you may still have a strong case for financial recovery.
What Is Comparative Fault?
Comparative fault (also known as comparative negligence) is a legal principle that applies when more than one party shares responsibility for an accident. Rather than requiring one person to be 100% at fault, the law allows liability—and damages—to be divided based on each party’s degree of fault.
In personal injury cases, this affects:
- How liability is determined
- Whether a plaintiff can recover any damages
- How much the final compensation award will be
New Jersey follows a modified comparative fault system.
How Modified Comparative Fault Works in New Jersey
New Jersey law (N.J.S.A. § 2A:15-5.1) allows injured individuals to recover damages if they are not more than 50 percent at fault for the accident.
Here’s how it works:
- If you are 50% or less at fault, you can still recover compensation
- If you are more than 50% at fault, you are barred from recovery
- Your damages are reduced by your percentage of fault
Example:
You are awarded $100,000 in damages.
- If you are found 20% at fault, you recover $80,000
- If you are found 51% at fault, you recover nothing
This rule applies to car accidents, truck accidents, slip-and-fall claims, and most personal injury cases in New Jersey.
Who Decides How Fault Is Divided?
Fault is typically determined by:
- Insurance adjusters, during the claim negotiation process
- Juries, if the case goes to trial
- Judges, in bench trials or pre-trial motions
The decision is based on available evidence, including:
- Accident reports
- Witness statements
- Medical records
- Photos and surveillance video
- Expert analysis (e.g., accident reconstruction)
If both sides disagree about the fault percentage, an experienced attorney can argue your side and challenge unfair assumptions.
Can Fault Be Split Between Multiple Parties?
Yes. In many personal injury cases, multiple people or entities share fault for an accident. This is especially common in:
- Multi-vehicle accidents
- Construction site injuries
- Trucking cases involving drivers, employers, and third parties
- Premises liability cases involving owners and contractors
Your attorney will work to:
- Minimize your assigned fault
- Maximize the fault attributed to others
- Pursue compensation from all legally responsible parties
What If the Insurance Company Tries to Shift the Blame?
Insurance companies often use the comparative fault rule to reduce or deny your claim. They may argue that:
- You were distracted
- You failed to avoid the hazard
- You contributed to the accident by ignoring warnings or safety instructions
Having legal representation is essential in these cases. A skilled attorney can push back against unfair fault assignments, introduce contrary evidence, and ensure your side of the story is clearly presented.
Legal Help for Comparative Fault Cases in New Jersey
At Nagel Rice, we help injured clients throughout New Jersey navigate comparative fault issues and recover the compensation they deserve. Whether you were injured in a car accident, truck crash, or premises liability case, we have the experience, resources, and trial skills to challenge unfair fault percentages and fight for a just result. Connect with us today.