The Impact of New Jersey’s Comparative Negligence Law on Car Accident Claims

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New Jersey’s comparative negligence law plays a significant role in determining how compensation is awarded in car accident claims, particularly when both parties share responsibility for the accident. This legal framework helps ensure that fault is apportioned fairly, but it also imposes strict rules, such as the 51% bar rule, which can limit or deny compensation in certain circumstances.

This article explains New Jersey’s comparative negligence law, how fault is determined in car accidents, and what drivers should know about compensation reductions when they share responsibility for an accident.

 

What is Comparative Negligence in New Jersey?

In New Jersey, comparative negligence is the legal principle that allows multiple parties to share responsibility for an accident. Under this system, each party involved in the accident can be assigned a percentage of fault, and their compensation will be reduced based on their degree of fault.

Key Points

• Comparative negligence allows for fault to be divided among all parties involved in an accident.
• Even if you are partially responsible for an accident, you may still recover compensation, but it will be reduced according to your percentage of fault.

For example, if you were 20% at fault in a car accident, and your damages total $10,000, you would only be entitled to 80% of that amount, or $8,000.

 

The 51% Bar Rule in New Jersey

A critical aspect of New Jersey’s comparative negligence law is the 51% bar rule. This rule states that if you are found to be 51% or more at fault for an accident, you cannot recover any compensation for your damages. The rule is designed to prevent individuals who are primarily responsible for an accident from recovering damages from others who bear less responsibility.

How It Works

• If you are found to be 50% or less at fault, you are eligible to receive compensation, though your award will be reduced by your percentage of fault.
• If you are 51% or more at fault, you are barred from recovering any damages.

Example

If the total damages from a car accident are $100,000 and you are 40% at fault, you would still be able to recover $60,000. However, if you are 51% at fault, you will receive nothing.

 

Determining Fault in New Jersey Car Accidents

When it comes to assigning fault in New Jersey car accidents, various factors are considered, including police reports, witness statements, and evidence from the scene of the accident. Insurance adjusters or the courts will examine these details to determine how fault should be apportioned between the parties involved.

Factors That Influence Fault Determination

• Traffic violations: If one party violated traffic laws, like running a red light or speeding, they are more likely to be found at fault.
• Police reports: These often provide a clear picture of what happened, based on the responding officer’s assessment of the scene.
• Eyewitness accounts: Statements from third parties can help clarify who was at fault for the accident.
• Dashcam footage: If available, this can provide indisputable evidence of what led to the collision.

Both drivers could share fault, such as one driver running a red light while the other was speeding. In such cases, each driver’s percentage of fault would be determined based on the circumstances.

 

Compensation Reduction Based on Fault Percentage

Under New Jersey’s comparative negligence law, compensation in car accident claims is reduced according to the percentage of fault assigned to each party. This means that the more at fault you are, the less compensation you will receive.

Example:
If your damages total $50,000 and you are found to be 25% at fault, you would be entitled to 75% of the total damages, which amounts to $37,500.

It is essential to note that even a small percentage of fault can lead to a significant reduction in your compensation. For this reason, accurately determining fault and advocating for a fair distribution is critical in car accident cases.

 

How Insurance Companies Handle Comparative Fault in New Jersey

Insurance companies play a significant role in determining fault and calculating how much compensation you are entitled to receive. They will conduct their own investigations, often relying on police reports and other available evidence. If they find that you share fault, they will reduce your compensation accordingly.

Key Considerations for Insurance Claims

Insurance companies will adjust payouts based on fault
Your compensation will be reduced according to the percentage of fault assigned to you.

Disputes may arise
If you disagree with the fault determination, you may need to contest it with the insurance company or hire an attorney to help with negotiations.

For example, if an insurance company determines that you are 30% at fault for an accident, they will reduce your settlement by 30%. If you believe this assessment is incorrect, you can challenge their decision, but it may require legal assistance.

 

What Happens If Both Drivers are at Fault?

In many car accidents, fault is shared between both drivers. In these cases, New Jersey’s comparative negligence law ensures that each party’s compensation is reduced based on their percentage of fault. If both parties are equally at fault (50/50), they can each recover half of their damages.

Example of Shared Fault
Two drivers are involved in an accident. Driver A is speeding, and Driver B makes an illegal turn. The court finds that Driver A is 40% at fault, while Driver B is 60% at fault. In this case, Driver A can still recover 60% of their damages, and Driver B can recover 40%.

However, if Driver B is found to be 51% at fault or more, they would be barred from recovering any compensation under the 51% bar rule.

 

When to Hire a Comparative Negligence Attorney in New Jersey

If you are involved in a car accident where fault is disputed or shared, it may be wise to consult with a comparative negligence attorney. These legal professionals specialize in handling cases where liability is contested and can help ensure that fault is properly assigned. An attorney can also assist with negotiations with insurance companies or represent you in court if necessary.

Situations Where Legal Help is Crucial

• Disputed fault: When insurance companies assign you more fault than you believe is fair.
• Complicated accidents: Multi-car accidents or accidents involving pedestrians, where determining fault is more challenging.
• Significant compensation reductions: When fault determinations drastically reduce the compensation you are entitled to.

 

FAQs About New Jersey Comparative Negligence Law

Can I still get compensation if I’m partially at fault in a New Jersey car accident?
Yes, as long as you are 50% or less at fault, you can still recover compensation. However, your compensation will be reduced according to your percentage of fault.

How much will my settlement be reduced if I’m at fault?
Your settlement will be reduced in proportion to your degree of fault. For example, if you are found to be 30% at fault, your settlement will be reduced by 30%.

What is the 51% bar rule?
The 51% bar rule states that if you are 51% or more at fault for an accident, you are barred from recovering any damages.

How is fault determined in a car accident?
Fault is determined based on factors like police reports, witness statements, and traffic violations. In some cases, both parties may share fault.

 

Contact The Epstein Law Firm, P.A. Today

New Jersey’s comparative negligence law is designed to ensure that fault in car accidents is shared fairly, and compensation is adjusted accordingly. The 51% bar rule limits recovery for those who are primarily at fault, making it essential to understand how fault is determined and how it affects your compensation.

If you are involved in a car accident where fault is disputed, or you are unsure how comparative negligence applies to your case, consulting with a comparative negligence attorney can help you navigate the complexities of New Jersey’s legal system and ensure that you receive fair compensation for your damages.