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What is comparative negligence?

On Behalf of | Dec 2, 2022 | Car Accidents

After a car crash, the drivers involved may blame anyone but themselves for the accident. However, when two vehicles collide, both drivers may be partially responsible for an accident. Here are some examples:

  • If two vehicles collide at an intersection, one driver may be at fault for failing to stop at a stop sign, while the other driver may be at fault for failing to keep a proper lookout or driving at an excessive rate of speed.
  • If one vehicle rear-ends another vehicle, the driver of the first vehicle may be at fault for following too closely behind the other vehicle, while the driver of the second vehicle may be at fault for stopping suddenly for no reason.

New Jersey’s modified comparative negligence laws

Under New Jersey’s Comparative Negligence Act, juries can apportion fault for an accident to more than one party. Each party will be assigned a percentage of fault.

If you were involved in an accident and were partially at fault for the accident, you may still be able to recover damages under New Jersey’s modified comparative negligence laws.

The laws allow drivers who are 50% or less at fault can recover damages. However, their damages will be reduced based on the percentage of fault assigned to them.

A driver found to be 30% at fault for an accident can only recover 70% of the damages awarded to them by the jury.

Filing a personal injury claim for damages after an auto accident can be difficult without the help of an experienced attorney. Your attorney can help prove that you are entitled to compensation from the parties that contributed to your accident.


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