When someone is injured in an accident, they often expect the at-fault party’s insurance company to pay for their losses. But injury cases in New Jersey are not always that straightforward. Sometimes, more than one person shares responsibility for the accident. That’s where comparative negligence comes in.
New Jersey law recognizes that accidents are rarely black and white. Instead, liability is often shared between multiple parties. Understanding how comparative negligence works can make a major difference in how much compensation an injured person receives.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how fault is divided in personal injury cases. Instead of holding only one party responsible, courts may assign percentages of blame to everyone involved. Each person’s compensation is then reduced by their share of fault.
For example:
This system is designed to ensure fairness and balance responsibility in cases where more than one party contributed to the accident.
New Jersey’s Modified Comparative Negligence Rule
New Jersey follows a modified comparative negligence rule, also called the 51% bar rule. Under this rule:
This distinction is crucial. A small shift in fault allocation can mean the difference between partial recovery and no recovery at all.
Examples of Comparative Negligence in New Jersey
Comparative negligence arises in many types of personal injury cases. Here are some common scenarios:
Car Accidents
Two drivers collide at an intersection. One ran a stop sign, but the other was speeding. The court may assign 70% fault to the driver who ran the stop sign and 30% to the speeding driver.
Slip and Fall Accidents
A customer slips on a wet floor in a grocery store. The store failed to clean up the spill, but the customer was also texting and not watching where they were walking. Fault may be split between both parties.
Pedestrian Accidents
A pedestrian crosses outside a crosswalk at night, wearing dark clothing. A driver fails to yield and hits them. The court may determine both contributed to the accident.
How Comparative Negligence Affects Compensation
The amount of compensation depends directly on the percentage of fault assigned. Damages can include:
Each category is reduced according to the plaintiff’s share of responsibility.
For instance, if a plaintiff is found 25% at fault and their damages total $200,000, they may only recover $150,000.
The Role of Insurance Companies
Insurance companies in New Jersey often use comparative negligence to reduce payouts. Adjusters may argue that the injured party bears a higher percentage of fault than is fair. This tactic can drastically cut compensation or eliminate it altogether if they push fault above the 50% threshold.
Because of this, it is vital for injury victims to gather strong evidence, including:
The more evidence available, the harder it is for insurers to shift blame unfairly.
Proving Fault in Court
When cases go to trial, juries or judges are responsible for assigning percentages of fault. They consider:
The outcome can vary significantly depending on the strength of each side’s arguments and the evidence presented.
Strategies for Plaintiffs
For injury victims, reducing their share of fault is key to maximizing compensation. Strategies include:
Why Legal Representation Is Essential
Comparative negligence cases are complex. Insurance companies often use the law to minimize payouts, leaving victims with far less than they deserve. Experienced legal counsel can:
Without legal guidance, plaintiffs risk being assigned an unfair share of blame, reducing or eliminating their compensation.
Protecting Your Rights in New Jersey
Comparative negligence plays a major role in personal injury claims across New Jersey. Even when victims share some responsibility, they may still recover significant compensation. But proving the right allocation of fault requires knowledge, preparation, and skilled advocacy.
Gregg A. Wisotsky, Esq., partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, has decades of experience handling personal injury cases in New Jersey. He works to protect clients from unfair insurance tactics and ensures they receive the compensation they are entitled to under the law.
For a free consultation, call 973-898-0161 today.