When a car crash happens, it is often not just one person’s fault. Maybe one driver was speeding, but the other didn’t signal a turn.
In New Jersey, the law acknowledges the reality that accidents can be messy and that more than one person can be to blame. So, what does this mean for you? It means that if you’re in a crash and it’s partly your fault, you can still pursue financial recovery.
What is comparative negligence?
In this state, the concept of modified comparative negligence dictates your options after car accidents. This legal principle acknowledges that multiple parties can contribute to an accident, and that partial fault will not prevent you from recovering compensation.
However, you can’t be more to blame than the other person or people from whom you seek damages.
But let’s say you’re less to blame or just as much to blame as the others. You can still get money, but it’ll be less. How much less? That depends on what percentage of an accident was your fault. If you were 30% to blame, then the courts would reduce any award you receive by 30%.
So, even if you make a mistake, you’re not out of luck. You just stand to get a bit less money based on your part in the accident.
Getting the details and facts right
Because it is important to establish the amount each party was to blame in a crash, getting the details right is vital. Determining fault can require thorough investigation, diligent recordkeeping and proper analysis to assign liability accurately.
Some of the details that can make or break a claim include:
- Videos and photos of the crash
- Witness statements
- Police reports
- Cellphone records
- Accident reconstruction findings
Gathering and interpreting these valuable data pieces are key to protecting your rights and securing the compensation you deserve after a crash. As such, you may want to work with an attorney who can help you build and support your legal claim.
Accidents are stressful, but New Jersey’s laws provide a path to recovery, even if you share some of the blame. By understanding comparative negligence and seeking professional legal help, you can pursue a legal claim with greater assurance and clarity.