What Are New Jersey’s Comparative Fault Laws?

You thought recovering compensation after an accident would be straightforward — until you found out that New Jersey’s comparative fault laws might affect your case. Understanding these laws is crucial because they can significantly impact the amount of compensation you receive.

In this comprehensive guide, we’ll break down everything you need to know about New Jersey’s comparative fault laws. And if you need personalized advice, the team at Rosengard Law Group is here to help. Call us at (856) 284-6446 or contact us online.

What Is Comparative Fault in New Jersey?

Understanding how fault is determined in an accident is crucial to your personal injury case. New Jersey’s comparative fault laws can significantly impact the amount of compensation you receive, especially if you bear some responsibility for the incident.

Definition of Comparative Fault

Comparative fault, also known as comparative negligence, is a legal principle that determines how much each party involved in an accident is responsible for the resulting damages. In simple terms, it assesses the degree to which your actions may have contributed to the accident.

In New Jersey, if you’re found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you’re deemed 20% at fault and your total damages amount to $100,000, you would receive $80,000 instead of the full amount. This reduction reflects your share of the responsibility for the incident.

New Jersey’s Modified Comparative Fault Rule

New Jersey follows a “modified” comparative fault system, specifically known as the 51% rule. Here’s how it works:

• You Can Recover Damages if You’re 50% or Less at Fault. As long as you’re not more than 50% responsible for the accident, you can still recover compensation. Your award will be adjusted based on your percentage of fault.
• No Recovery if You’re 51% or More at Fault. If you’re found to be 51% or more at fault, you cannot recover any damages from the other party. Being just over the halfway mark eliminates your ability to receive compensation for your injuries and losses.

This system ensures that only those who are less responsible for the accident can claim damages, promoting fairness in personal injury cases.

How Comparative Fault Affects Your Compensation in NJ

Understanding how comparative fault impacts your compensation is crucial when pursuing a personal injury claim in New Jersey. Your percentage of fault directly affects the amount you can recover, and knowing this can help you set realistic expectations and strategies.

Percentage of Fault Reduces Compensation

In New Jersey, if you’re found partially at fault for the accident, your compensation will be reduced by your percentage of fault.

This system ensures that you are held financially responsible for your share of the fault while still allowing you to recover compensation from other at-fault parties.

Threshold for Recovery

New Jersey’s modified comparative fault rule has a critical threshold you need to be aware of:

• Equal Fault (50%). If you are found to be exactly 50% at fault, you can still recover damages. Your compensation will be reduced by 50%, reflecting your equal responsibility in the accident.
• More Than 50% Fault (51% or More). If you are found to be 51% or more at fault, you lose the right to recover any damages from the other party. Being just over the halfway mark eliminates your ability to receive compensation for your injuries and losses.

This threshold makes it essential to minimize your assigned percentage of fault. Insurance companies often attempt to assign a higher fault percentage to you to reduce or eliminate their payout. That’s why having an experienced attorney is so helpful — they can help gather evidence, challenge unfair fault assessments, and advocate on your behalf to protect your right to compensation.

Common Scenarios Involving Comparative Fault

Understanding how comparative fault applies in real-life situations can help you anticipate how it might affect your own case. Here are some common scenarios where comparative fault often comes into play in New Jersey.

Car Accidents

Car accidents are one of the most common situations where comparative fault is assessed. Your actions behind the wheel can significantly impact your ability to recover compensation.

Imagine you’re driving through an intersection when another driver runs a red light and hits your car. However, evidence shows you were speeding at the time. The court might determine that the other driver is 80% at fault for running the red light, but you are 20% at fault for speeding. If your damages total $50,000, you would receive $40,000 after a 20% reduction.

Slip-and-Fall Cases

In premises liability cases like slips and falls, both the property owner’s negligence and the victim’s actions are evaluated.

Suppose you slip and fall in a grocery store where a spill wasn’t cleaned up promptly. However, there were visible “Wet Floor” signs that you failed to notice because you were looking at your phone. The court might find the store 70% at fault for not cleaning the spill quickly and you 30% at fault for not paying attention. If your damages are $30,000, you will receive $21,000 after a 30% reduction.

Product Liability Cases

Comparative fault can also apply in product liability cases if the consumer’s misuse of the product contributed to their injuries.

Imagine you purchase a power tool that malfunctions due to a manufacturing defect, causing injury. However, you had removed a safety guard from the tool against the manufacturer’s instructions. The court might assign 60% fault to the manufacturer for the defect and 40% to you for improper use. If your damages amount to $20,000, you would receive $12,000 after a 40% reduction.

New Jersey’s comparative fault laws can be complex, making legal guidance essential. For the support you need, contact Rosengard Law Group at (856) 284-6446.