Fault allocation is significant in car accident cases as liability can hinder or diminish an individual’s ability to recover monetary compensation for their damages if they bear any degree of fault for the crash. In car accident cases, states observe the comparative negligence or contributory negligence doctrine. These doctrines help the court determine whether a victim should be awarded monetary compensation for their economic and noneconomic damages if they contributed in any way to the collision that caused their injuries. Keep reading to learn whether New Jersey applies comparative negligence rules when awarding damages in car accident cases and discover how a trusted Essex County Auto Accident Attorney can help you understand your legal options.
How does comparative negligence work?
Like many other states, New Jersey observes the comparative negligence doctrine when awarding damages after a car accident. Under comparative negligence rules, victims can recover compensation for their damages despite contributing to the collision that caused their injuries. Essentially, if a victim is partially at fault they can still receive monetary compensation for their damages. However, their award will be reduced by their fault degree. For instance, if the jury determines the victim bears 40% liability, they can only receive 60% of their damages reflecting their percentage of fault. This is how pure comparative negligence works. New Jersey is a modified comparative negligence state. Under modified comparative negligence rules, victims can only recover monetary compensation for their damages if their negligence is not greater than the other party’s negligence. Essentially, if a victim is more than 50% responsible for a collision, they will be barred from receiving compensation for their losses. Therefore, in New Jersey victims must be less than half at fault for a collision to receive compensation. It is imperative to understand this doctrine as it can affect whether a victim can recover monetary compensation for their economic and noneconomic damages after a car accident.
How does contributory negligence work?
Only a few states follow contributory negligence rules when awarding damages after a car accident. Under the contributory negligence doctrine, victims cannot recover monetary compensation for their damages if they are partially at fault for the accident. If a victim was even just 1% at fault, they will be barred from receiving any compensation for their economic and noneconomic damages. In contributory negligence states, victims’ ability to recover compensation for their losses is diminished if they bear any degree of fault for the collision.
For more information on the comparative negligence doctrine, please contact a determined Essex County auto accident attorney. Our firm is prepared to help you seek reasonable compensation for your damages. Allow our firm to represent your interests today!
