After a car accident, many injured people assume they cannot recover compensation if they were even partially responsible for what happened. This belief often prevents accident victims from speaking with an attorney or filing a claim at all. In reality, New Jersey law allows injured drivers, passengers, and pedestrians to pursue compensation even if they share some of the blame for an accident.
At Mallon and Tranger, we regularly help accident victims throughout New Jersey who are worried that partial fault will eliminate their case. Understanding how shared fault works can make a significant difference in whether you receive compensation for medical bills, lost wages, and other damages.
New Jersey follows a modified comparative negligence system. Under this rule, an injured person may recover compensation as long as they are not more than 50 percent at fault for the accident. If you are found to be 50 percent or less responsible, you can still pursue damages, although your compensation will be reduced based on your percentage of fault.
For example, if you are awarded $100,000 in damages but found to be 20 percent at fault, your recovery would be reduced by 20 percent. This means you would still receive $80,000. If you are found to be 51 percent or more at fault, you would be barred from recovering compensation.
Insurance companies are well aware of New Jersey’s comparative negligence laws and often use them to minimize payouts. After an accident, insurers may attempt to shift as much blame onto you as possible, even when their insured driver clearly caused the crash.
Common tactics used by insurance companies include:
Without experienced legal representation, these arguments can significantly reduce the value of your claim.
Determining fault is not always straightforward. Police reports, witness statements, photographs, vehicle damage, and surveillance footage can all influence how fault is assigned. Even small details can shift the percentage of responsibility.
At Mallon and Tranger, we conduct thorough investigations to challenge unfair fault assessments. Our car accident attorneys work to ensure insurance companies do not exaggerate your role in the accident to avoid paying what your case is truly worth.
Even when fault is shared, injuries can still be severe. Victims may suffer broken bones, head injuries, spinal damage, or long-term mobility issues. Medical expenses and lost income can quickly add up, regardless of who was partially responsible.
New Jersey law recognizes that multiple factors can contribute to an accident. The purpose of comparative negligence is not to deny compensation but to fairly allocate responsibility based on the facts.
Most personal injury claims are resolved through settlement rather than trial. When partial fault is involved, negotiations often focus on minimizing your percentage of responsibility. A lower fault percentage can significantly increase the final settlement amount.
Insurance companies may initially offer a low settlement by exaggerating your fault. Having an attorney involved can shift the balance, especially when evidence supports a stronger claim against the other driver.
If an insurance company or another driver claims you were partially at fault, it is important to take the situation seriously. Statements made early in the process can be used against you later.
Important steps to take include:
These steps can help protect your rights and strengthen your claim.
Cases involving partial fault require careful legal strategy. Insurance companies often push blame aggressively, and without an advocate, accident victims may accept far less compensation than they deserve.
Mallon and Tranger represents injured clients throughout New Jersey, helping them pursue compensation even when fault is disputed. We understand how comparative negligence works and how to counter insurance tactics designed to limit recovery.
Being partially at fault for an accident does not mean you are out of options. New Jersey law may still allow you to recover significant compensation for your injuries and losses.
If you were injured in a car accident and are concerned about shared fault, Mallon and Tranger is here to help. We fight to protect accident victims and hold negligent drivers accountable. Contact us today to discuss your case and learn how we can help you pursue the compensation you deserve.
