If injured in an auto accident, understanding what factors will influence the outcome of your case is vital. In most states, those found partially responsible for a collision may experience a reduction in the compensation they can receive. Understanding whether or not New Jersey follows comparative negligence laws is vital to helping your case. Keep reading to learn more about this statute and discover whether or how Monmouth County auto attorneys can help you navigate this process.
What Is Comparative Negligence?
When a car accident occurs, the person responsible for the collision will pay the damages. However, many states have adopted contributory and comparative negligence statutes.
Only a small number of states follow contributory negligence, which states that any driver who is even 1% responsible for the collision cannot collect damages. However, comparative negligence is less strict. Generally states follow either a pure or modified version of these statutes. Pure comparative negligence means that any injured party, no matter how responsible they were for the collision, can collect damages. Modified negligence is more common, and bars an injured party from collecting damages if they are 50% or 51% more responsible for the accident. New Jersey follows the 50% rule.
For example, if a New Jersey driver is found 10% responsible for a collision and receives $10,000 in damages, the award will be reduced by 10%. So long as they are not 50% or more liable for the accident, they will be able to collect reduced damages from the negligent party.
Though it seems unlikely to hold an injured party partially responsible for their accident, these laws ensure that each party involved in a suit is treated fairly. For example, if one driver is going ten miles over the posted speed limit, but another driver runs a stop sign and collides with the speeding car, it is up to the jury to determine who is more responsible for the collision. Was it the driver who was speeding or the one who ran the sign?
What Should I Do if I’m Injured by a Negligent Party?
When involved in an accident, understanding how to proceed is vital. You’ll want to collect as much evidence from the scene as possible, only if your injuries are not severe. If this is the case, you’ll want to call emergency services to receive medical treatment for the injuries you’ve sustained.
You must also contact an experienced personal injury attorney ass on as possible. Unfortunately, many do not realize the importance of legal representation in a car accident cases. Despite being seemingly evident who is responsible, the defendant will do everything possible to show that you were more responsible for the injuries you sustained to absolve them of guilt.
If you need help, the Wilton Law Firm can help. Our dedicated legal team will examine every aspect of your case to help you achieve the best possible outcome for your circumstances. Contact us today to schedule a free consultation with one of our competent attorneys.
