What if I’m Partly At Fault for an Accident?

After being involved in a car crash, it is natural to second-guess every action and decision you made leading up to it. This may be especially hard to shake off if the other involved driver, a responding law enforcement officer, or your auto insurance company begins to insinuate that you had a hand in the blame. However, you must not let these outside parties discourage you from pursuing a personal injury claim if you still believe that someone else behaved negligently at some capacity. Without further ado, please continue reading to learn what happens to your case if you are found to be partly at fault and how one of the experienced Monmouth County car accident attorneys at Wilton Law Firm can help you still fight for a chance at rightful compensation.

What types of actions can make me partly at fault in an accident?

Even after deep and honest reflection, you may be adamant that you were not at fault for your car accident. Even so, auto insurance companies are notorious for treating the smallest moments as proof of negligence, regardless of whether another party created the dangerous situation in the first place. Below are more specific examples of when you might be pinned with blame:

• You may have been driving a little too fast, given the poor inclement weather conditions at the time.
• You may have had a broken taillight, which made your yield or lane change much more dangerous.
• You may have hesitated or reacted with an unreasonable delay to an impending dangerous situation.
• You may not have worn your seatbelt, which dramatically elevated the severity of your bodily injuries.

What happens if I’m partly at fault for an accident in New Jersey?

When it comes to your legal right to a personal injury claim, it may not matter so much that you were an at-fault party, but more so, the amount of blame that can be assigned to you. This is thanks to the state of New Jersey’s comparative negligence system. Here, so long as the civil court rules that you were less than 50 percent at fault, you may receive financial compensation.

The second part of this statute, though, is that your percentage of fault alters the amount of your total claimed damages that you may recover. For example, say you incurred $100,000 in economic and non-economic damages, and you are being held 30 percent liable. Well then, the court may order the defendant to pay 70 percent of this, which is $70,000 total.

Importantly, though, if the roles were reversed and you were found to be 70 percent at fault, you may receive $0. After your case closes, you may be barred from suing for the same accident event ever again. This is why you must present your case effectively the first time, which means gathering and submitting substantial evidence that shifts the blame away from you.

You probably have more questions regarding this topic, and we would be happy to answer them for you. So please schedule an initial consultation with one of the skilled Monmouth County auto accident attorneys from Wilton Law Firm. We look forward to our conversation with you.