Have you been in a car accident? Do you believe, however, that you may have been partially responsible? Are you afraid that you will not be able to recover compensation if you are partially at fault for the wreck?
You may still be entitled to compensation after a car accident if you are partially at fault. However, fault can impact your right to compensation. To understand how to recover damages after a New Jersey car accident with shared liability, it is important to understand New Jersey’s comparative fault laws.
What are New Jersey’s comparative fault laws?
New Jersey follows a modified comparative fault system. Modified comparative fault means that you can still seek damages after a car accident even if you are partially at fault. However, the amount of compensation you could recover if a car accident claim is successful can be reduced by your percentage of fault. For example, you may be entitled to 80% of the damages from a car accident claim if you were deemed 20% at fault.
There are several factors that can influence your percentage of fault. Insurance companies and courts may examine each driver’s behavior, police reports, traffic footage and witness statements to assign fault to each party. Distracted driving, driver error, running street signs and speeding can impact a driver’s percentage of fault.
In this state, if your percentage of fault exceeds 50%, you are not entitled to damages under the modified comparative fault system. That’s why insurers frequently try to unfairly shift blame to injury victims. Professional legal guidance can help you file a car accident claim and seek damages for medical bills, lost wages and other losses.