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An overview of New Jersey’s negligence laws

On Behalf of | Jan 2, 2024 | Motor Vehicle Accidents

Being partially at fault for a car accident in New Jersey does not automatically bar you from recovering compensation for your damages. It’s a common misconception among many car accident victims, deterring them from pursuing their rightful compensation.

Understanding what New Jersey law says about partial fault in car crashes can help you protect your interests as you navigate the aftermath of an accident. Here is more on this.

New Jersey comparative negligence laws explained

New Jersey’s modified comparative negligence law allows you to recover compensation with your car accident claim despite your level of fault for the crash. However, it must not exceed the other party’s. In other words, your degree of responsibility should be less than the other negligent party involved in the accident. 

It’s also worth noting that the compensation awarded to you will be reduced by your level of fault for the crash. For instance, you can only recover 60% of your damages if you were 40% responsible for the accident.

How is your level of fault determined after a car crash?

A lot goes into determining fault after a car crash. The process can be straightforward in some cases but complex in others, especially if multiple factors contribute to the crash. Police reports, eyewitness testimony, physical evidence like vehicle damage, adherence to traffic laws and even admissions of responsibility are some of the key factors considered when determining each party’s role or contribution.

Reaching out for legal guidance can help assess the specifics of your case and interpret the evidence, ensuring you do not assume more than your fair share of responsibility for the crash. This can go a long way in maximizing your potential compensation and safeguarding your rights.

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