After a crash involving a drunk driver, you may expect the question of fault to be settled. But evidence of intoxication does not rule out a claim that another driver also contributed to the collision. In New Jersey, an injured person’s compensation may be reduced if their own negligence helped cause the crash.

That does not mean an insurance company can reduce a claim simply by pointing to a possible mistake. The question is whether the evidence shows that the injured person’s conduct contributed to what happened.

Key Takeaways: Understanding Comparative Negligence in New Jersey Drunk Driving Accidents

• A drunk driver’s intoxication does not automatically rule out shared fault. Each driver’s conduct must be connected to how the crash happened.
• In a two-driver case, an injured person who is 50% or less at fault may recover damages; at 51% or more, they generally cannot.
• If the injured person can recover, their damages are reduced by their percentage of fault. A $100,000 award becomes $80,000 if they are found 20% at fault.
• An allegation that the injured driver was speeding or distracted does not, by itself, establish that they contributed to the collision.

New Jersey’s 50% Comparative Negligence Rule

New Jersey’s comparative negligence law allows an injured person to recover damages if their negligence is not greater than the negligence of the person they are suing, or the combined negligence of the people they are suing. Any damages awarded are then reduced by the injured person’s percentage of negligence. In a case involving two drivers, someone found 50% at fault may recover half their damages; someone found 51% at fault generally cannot recover from the other driver. N.J.S.A. 2A:15-5.1

For example, if a jury awards $500,000 and finds the injured driver 20% at fault, the award would be reduced to $400,000. In a settlement, there is no jury finding; the parties instead evaluate the available evidence and the risk of how a jury might assign fault.

These rules can apply even when the other driver was intoxicated. The evidence must still show how each driver’s actions contributed to the collision.

Can You Share Fault if the Other Driver Was Drunk?

Yes. Consider a crash in which an impaired driver makes an unsafe turn while the injured driver is speeding. Both actions may warrant investigation. The injured driver’s speed would matter to comparative negligence only if it contributed to the crash.

An insurer might also examine whether the injured driver was distracted, failed to obey a traffic signal or made an unsafe lane change. The presence of one of those issues does not automatically establish shared fault. The evidence must connect the conduct to the collision.

For the same reason, proof that the other driver had been drinking is not the whole liability case. Evidence showing where the vehicles were, what each driver did and how the impact occurred helps establish whether impairment contributed to the crash.

Evidence That Helps Establish Fault

Evidence from several sources may provide a clearer account of the collision than either driver’s recollection alone. Depending on what is available, it may include:

• Photographs of vehicle damage, road conditions and the crash scene
• Traffic camera, surveillance or dash camera footage
• Statements from people who witnessed the collision
• Vehicle data and, when appropriate, accident reconstruction
• Police findings and available evidence of the driver’s intoxication

A police report can be a useful starting point, but it may not answer every question about how the crash happened. Video or physical evidence, for example, may help determine whether an injured driver was speeding or whether the impaired driver crossed into their lane. Some recordings and other evidence may become harder to obtain with time.

Medical records serve a different purpose: they help document the injuries and losses associated with the crash. They generally do not establish which driver caused the collision.

How Can Shared Fault Affect Compensation?

Comparative negligence can reduce damages awarded in a lawsuit, but it is only one part of evaluating a claim. Recoverable losses may include lost income, reduced earning capacity, pain and suffering, and medical expenses that can be pursued under New Jersey’s auto insurance rules. PIP coverage may pay eligible medical expenses regardless of who caused the crash.

Fault is not the only issue that can affect recovery. New Jersey’s auto insurance rules may limit a claim for pain and suffering, depending on the applicable policy and injuries. Insurance coverage and the evidence supporting each claimed loss also matter. N.J.S.A. 39:6A-8

This is why documenting injuries and financial losses remains important even when the other driver’s intoxication is well established.

Claims Against Alcohol-Serving Businesses

In some cases, an injured person may have a claim against a licensed business that served alcohol to the driver. New Jersey law permits such a claim when the business served a visibly intoxicated person, or served a minor under the circumstances specified by law, and the negligent service foreseeably caused the injury. Showing only that the driver purchased alcohol there is insufficient. N.J.S.A. 2A:22A-5

A potential claim against an alcohol-serving business makes it important to investigate what happened before the driver got behind the wheel. It does not settle whether either driver’s conduct contributed to the crash.

Are Punitive Damages Available After a Drunk Driving Accident?

Punitive damages may be considered in some cases, but they are not automatic because a driver was intoxicated. New Jersey requires clear and convincing evidence that the harm resulted from conduct involving actual malice or a wanton and willful disregard for people who might foreseeably be harmed. That is a separate question from how comparative negligence affects compensation for injuries and losses. N.J.S.A. 2A:15-5.12

How Can Brandon J. Broderick Help After a Drunk Driving Crash?

A dispute over shared fault can arise even when there is strong evidence that the other driver was impaired. Reviewing the crash evidence can help distinguish conduct that contributed to the collision from an allegation that lacks support.

Brandon J. Broderick, Attorney at Law can investigate a New Jersey drunk driving accident, assess claims of comparative negligence and help document the injuries and losses involved. If you were hurt in a crash involving an impaired driver, contact us today.