Knowing the state's rules regarding auto accidents might help New Jersey drivers weigh their alternatives in the event of a motor vehicle accident. Any personal injury claim you pursue may be impacted by one such law in NJ, known as comparative fault.
The New Jersey Law Journal reports that under the New Jersey Comparative Negligence Act, judges presiding over personal injury cases, including those resulting from auto accidents, are required to calculate the relative degree of fault for each party involved. There are a few specifics regarding this law you may want to keep in mind as your case develops because the percentage of fault impacts how much compensation, if any, you can collect.
The best course of action after an accident is to seek advice from a qualified NJ car accident lawyer. Brandon J. Broderick, Attorney at Law has represented thousands of clients to secure an outcome in their favor. Calling us can save you a lot of pain and trouble.
Comparative Fault Percentage: What Impacts This Number?
When determining comparative fault in New Jersey, the court considers the specifics of the case and assigns a percentage of fault to both you and the defendant. Specifics that typically impact the degree of fault, include:
- Police reports
- Witness accounts
- Testimony in court
The judge will determine 100% of fault, split among other parties after reviewing all relevant information.
However, NJ Rev Stat § 2A:15-5.3 specifies the criteria that will be used to calculate compensation in situations when there are multiple parties. First, any injured party may seek full compensation from any party found to be 60% or more at fault for the accident. Second, any injured party may only be awarded damages proportionate to the liability of the party being sued if it is decided that one party bears less than 60% of the case's liability. Of course, the maximum compensation will be reduced by one's own obligation.
How Comparative Fault Percentage Impacts Your Case
The financial recovery you receive may be impacted by the percent of fault you are assigned. You may get much less money if the judge considers you 40% or more at fault, as an example. Distracted driving, not following traffic signs, or failing to yield the right of way are a few things that may contribute to liability.
When the defendant files a countersuit in a personal injury lawsuit, the New Jersey Comparative Negligence Act is important. This covers allegations of property damage and/or personal injury.
Is Comparative Fault Relevant In Cases Other Than Auto Accidents?
Yes. Modified comparative fault will be taken into account in almost every case in New Jersey that involves personal injury or property damage. This can include anything from a workplace injury brought on by both management's wrong conduct and a worker's own mistakes to a dog bite brought on by aggressive or incorrect treatment of another person's dog.
It's advised that you consult a lawyer who specializes in personal injury.
The Law Offices of Brandon J. Broderick Can Help
Determining liability isn't always straightforward. However, with the help of an experienced NJ personal injury attorney, you will have someone in your corner to advocate for your best interests. Brandon J. Broderick, Attorney at Law, has assisted accident victims in New Jersey for years, as our successful track record proves.
Contact us immediately for a free consultation, so we can assist you.