How Partial Fault in an Accident Affects Your Lawsuit ?

Being involved in an accident can be overwhelming, especially when questions of fault arise. Many people mistakenly believe that if they are partially responsible for an accident, they cannot seek compensation. However, New Jersey law provides a legal pathway for accident victims to recover damages even if they share some degree of fault. Understanding how partial fault impacts your lawsuit is crucial to ensuring you receive fair compensation.

After an accident, medical bills, lost wages, and other expenses can quickly add up. If you are partially at fault, you may wonder how much of these costs you will be responsible for and whether the legal system will still protect your rights. Fortunately, New Jersey’s legal framework is designed to provide compensation to injured victims while fairly distributing fault among all responsible parties.

What Is Partial Fault in an Accident?

Partial fault in an accident occurs when more than one party is responsible for causing the incident. This means that even if you contributed to the accident in some way, you might still be eligible for compensation. The key factor is determining each party’s percentage of fault, which will influence the amount of damages awarded in a lawsuit.

For example, if you were involved in a car accident where another driver ran a red light but you were also slightly exceeding the speed limit, both parties may be assigned a portion of the blame. In such cases, your compensation would be reduced by your degree of fault, but you would not be entirely barred from seeking damages.

New Jersey’s Comparative Negligence Law

New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. This law states that:

• You can recover damages as long as you are not more than 50% at fault for the accident.
• If you are 51% or more at fault, you cannot recover any compensation.
• Your percentage of fault reduces your total compensation. For example, if you are found 20% at fault and awarded $100,000 in damages, you would receive $80,000 after the reduction.

This law ensures that accident victims can still receive financial assistance while preventing those who are primarily responsible from benefiting unfairly.

New Jersey courts rely on evidence and testimony to determine the percentage of fault. This often involves accident reports, witness statements, and expert testimony to reconstruct the events leading up to the incident.

How Insurance Companies Use Partial Fault Against You

Insurance companies often try to use comparative negligence laws to minimize or deny your claim. They may argue that you share more fault than you actually do. Common tactics include:

• Blaming you for contributing to the accident (e.g., alleging you were speeding or distracted).
• Disputing the severity of your injuries, suggesting they were pre-existing or exaggerated.
• Using statements against you, such as anything you say to the adjuster that could imply fault.
• Delaying claims processing, hoping you will accept a lower settlement out of financial desperation.

Because of these tactics, it’s crucial to consult a personal injury attorney before speaking to an insurance company about your case. An experienced lawyer can protect your rights and negotiate a fair settlement on your behalf.

Proving Liability When You Share Fault

To maximize your compensation, your legal team will work to reduce the percentage of fault assigned to you. This requires gathering strong evidence, such as:

• Police reports that document the accident details.
• Eyewitness testimony from neutral third parties.
• Traffic camera or dashcam footage showing what happened.
• Expert accident reconstruction reports to clarify fault.
• Medical records linking your injuries directly to the accident.

Each piece of evidence helps demonstrate that the other party bears a greater share of responsibility, strengthening your claim.

Additionally, witness credibility plays a crucial role in proving liability. Statements from neutral third parties who observed the accident can carry significant weight in court or settlement negotiations.

How Partial Fault Affects Compensation in a Lawsuit

If your case goes to trial, the court will assign a percentage of fault to each party. New Jersey law then reduces your damages accordingly. For example:

• You are awarded $200,000 in damages.
• The court determines you are 30% at fault.
• You receive $140,000 after the 30% reduction.

In some cases, courts also award punitive damages if the at-fault party’s actions were especially reckless or intentional. Under N.J.S.A. 2A:15-5.14, punitive damages in New Jersey are capped at five times the compensatory damages or $350,000, whichever is greater.

Punitive damages are rarely awarded but may apply in extreme cases, such as when a drunk driver causes an accident. These damages serve as a punishment for grossly negligent behavior and a deterrent against similar actions in the future.

Notable New Jersey Cases Involving Comparative Negligence

Several past cases in New Jersey illustrate how comparative negligence affects compensation. One notable case is Blazovic v. Andrich, 590 A.2d 222 (N.J. 1991), where the court emphasized the importance of apportioning fault among all responsible parties. This case reinforced that even if a plaintiff is partially at fault, they may still recover damages as long as they remain below the 51% threshold.

Another case, Campbell v. New Jersey Transit, involved a pedestrian struck by a bus while crossing the street outside a designated crosswalk. The court assigned the pedestrian a percentage of fault for not using the crosswalk but still allowed partial compensation due to the bus driver’s negligence. These cases highlight the importance of thorough legal representation when dealing with comparative negligence claims.

Need Legal Help? Contact an Experienced New Jersey Auto Accident Lawyer Today!

If you’ve been injured in an accident and are concerned about how partial fault may impact your claim, Rosengard Law Group is here to help. Our experienced attorneys understand New Jersey’s comparative negligence laws and will fight to ensure you receive the maximum compensation possible.

Even if you believe you share some fault in the accident, do not assume you are ineligible for compensation. A knowledgeable attorney can assess your case, gather evidence, and negotiate with insurance companies to secure the best possible outcome.

Call (856) 284-6446 today for a free consultation, or visit our website to learn more about your legal options.