Understanding New Jersey’s rules on comparative negligence is important, especially if they could threaten your recovery after an accident.
Being a “modified comparative fault” state means New Jersey lets victims who share fault for accidents sue, provided their negligence is not greater than the defendant’s. Furthermore, a victim’s damages can be reduced proportionally to their percentage of fault, lowering their compensation. This most often affects victims of car accidents in New Jersey, though it plays into other personal injury claims as well. To address a comparative negligence defense in your case, our lawyers can get accident reconstruction experts to testify, interview eyewitnesses for their statements, and obtain relevant surveillance footage or other photographic evidence. Sharing fault might not lower your recovery if the defendant had the last clear chance to avoid the accident, another way to overcome comparative negligence.
For a free and confidential case evaluation from our New Jersey personal injury lawyers, call Agrapidis & Maroules, P.C., at (201) 777-1111.
What Are the Rules on Comparative Negligence in NJ?
New Jersey is a modified comparative fault state under N.J.S.A. § 2A:15-5.1, meaning if a victim contributes to their injuries, their compensation might be lowered and, in some cases, barred entirely.
Under these rules, victims can bring claims, provided that their negligence does not outweigh the other party’s negligence (or the total negligence of all other parties if there are multiple defendants). Depending on the case’s outcome, the jury might assign a percentage of fault to the plaintiff and the defendant. The defendant would only be liable for compensating the victim for the percent of damages they caused. For example, if the jury decides the plaintiff was 25% at fault and the defendant was 75% at fault, the victim would only recover 75% of their total damages, which could be a considerable loss.
Defendants who had the last clear chance to avoid an accident but failed to do so might be totally liable for victims’ damages, and our lawyers can determine if this legal doctrine applies to your case, shielding your recovery from the effects of comparative negligence.
What Are Some Examples of Comparative Negligence in NJ Injury Claims?
Comparative fault might come into play in trials and settlement negotiations for various personal injury claims, most commonly those arising from motor vehicle accidents in New Jersey.
Defendants often employ comparative fault defenses to evade full financial liability for a victim’s damages, especially in car accident claims where victims’ damages are often great. Since car accidents are often chaotic, there might be more room for defendants to argue the facts of the accident or its sequence of events. For example, a defendant might claim that the victim was also speeding at the time of the crash, worsening the damage and their injuries.
Defendants might argue comparative negligence for seemingly insignificant things, like a victim apologizing after an accident. To keep these risks low, avoid unnecessary conversations with the at-fault party beyond exchanging information.
Comparative negligence affects more than just car accident claims in New Jersey, sometimes impacting victims’ recoveries in slip and fall and other personal injury lawsuits. This is why preparing for these possibilities at the onset of your case is important.
How Can You Overcome Comparative Negligence in Your NJ Case?
Limiting the effects of comparative negligence rules on victims’ recoveries is crucial, and our lawyers can use various tactics and evidence, including accident reconstruction, eyewitness testimony, and surveillance footage, to show that the defendant is wholly at fault or ultimately failed to prevent the crash.
Accident Reconstruction
Accident reconstruction can be useful in overcoming comparative fault defenses, especially in car accident claims. Our Jersey City, NJ personal injury lawyers can give experts photos, incident reports, and evidence from the scene, which they can use to ascertain key facts. These typically include the first point of impact, the speed of both vehicles, and the direction of travel of each vehicle. If the defendant claims you were also speeding during the accident, accident reconstruction efforts can undermine those arguments.
Eyewitness Testimony
If you notice eyewitnesses nearby after the incident, ask for their contact information. Eyewitnesses can give firsthand accounts of various accidents, providing additional context, especially in claims threatened by comparative fault. For example, suppose you were injured in a slip and fall in a restaurant, and the restaurant owner claimed that you only slipped because you were the one who caused the spill in the first place. Other witnesses and staff can testify as to how the spill actually happened – and how long the restaurant knew about it before failing to clean it up.
Eyewitness statements can be similarly useful in other personal injury cases involving comparative negligence defenses. Our attorneys will seek to identify and interview witnesses as soon as possible following an accident in New Jersey to preserve their statements.
Video Footage
Our lawyers can also examine all potential sources of video footage after the accident. If you were hurt on someone else’s property, we can determine if they have security cameras onsite and request the footage immediately so it is not deleted. For auto accidents, our attorneys can check traffic cameras, local businesses’ security cameras, and homeowner surveillance systems for footage.
Surveillance footage might show that the defendant had the last clear chance to avoid the accident, making them wholly liable for your damages despite your actions before the accident. For example, suppose a pedestrian was jaywalking across the street when a driver approached going over the speed limit. If the driver did not slow down, despite having ample time to, and struck the pedestrian, the defendant would likely be wholly liable, as they had the last opportunity to avoid the collision but did not.
Call Our Injury Lawyers for Help with Your Case in NJ
Get a free case review from our Hackensack, NJ personal injury lawyers by calling Agrapidis & Maroules, P.C., at (201) 777-1111.