Mike’s Quick Answer
It depends on the allocation of fault, but often a person may recover in New Jersey if their negligence does not exceed the combined negligence of the person or people from whom recovery is sought. Any award is generally reduced by that person's percentage of fault. The result can change based on which parties remain in the case.
Fault Is Not Always All or Nothing
A jury may assign percentages among drivers, property owners, employers, product makers, public entities, or an injured claimant. New Jersey's modified comparative-negligence rule then affects whether and how much may be recovered.
A statement such as I might have been partly responsible is not a legal percentage. Fault depends on duties, conduct, causation, evidence, and the parties against whom the claim proceeds.
How the Reduction Works
If legally recoverable damages were assessed at $100,000 and the claimant were assigned 20 percent fault, the amount would generally be reduced by 20 percent before other coverage or legal issues. This is only an illustration, not a prediction.
If the claimant's negligence exceeds the negligence of the party or parties from whom recovery is sought, the claim may be barred under the statute. Party selection and dismissed or settling defendants can make the analysis more complex.
Evidence That Can Change the Percentages
Video, vehicle data, phone records, photographs, roadway measurements, witness accounts, inspections, policies, and expert analysis may matter. Early insurance conclusions and traffic tickets do not necessarily decide civil fault.
Preserve evidence before it disappears. Mike can evaluate how New Jersey's rule may apply after learning the complete sequence rather than relying on one person's immediate impression.
Frequently Asked Questions
Does a traffic ticket decide civil fault?
It depends on the disposition and other evidence, but often a ticket does not by itself decide the percentage in an injury case. The underlying facts still require investigation.
What if several people contributed to the accident?
It depends on each person's conduct and legal responsibility. Often fault can be allocated among multiple parties, and New Jersey's rules governing allocation and recovery must be applied to the actual case.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.