In most cases, when a car accident occurs in New Jersey, one of the motorists is at fault for causing the crash. However, there are situations where both parties involved in the accident may share fault. This can create confusion about whose insurance is responsible for the damages and how to recover compensation for property damage and injuries. New Jersey is a comparative negligence state, which means that motorists who are partially at fault can still seek financial compensation. However, the damages they are entitled to will depend on their percentage of liability.
If you are involved in a car accident and you are partly to blame, it is highly recommended that you contact an experienced car accident lawyer who will help you navigate this process and recover the damages to which you are entitled.
What Do I Need to Know About Comparative Negligence?
Comparative negligence is a legal doctrine that is used in New Jersey to determine negligence in personal injury and car accident cases. Specifically, New Jersey follows the modified comparative negligence rule, which means that if you are partially liable for causing a car accident, you may still recover damages provided your share of liability is 50 percent or less.
For example, if you are found to be 25 percent at fault for an accident, and the total damages are $10,000, you would be entitled to $7,500. If you are found more than 50 percent liable, your claim will likely be denied, and you will be unable to recover any damages.
How Is the Percentage of Fault Determined If Both Drivers Are at Fault?
When both motorists involved in a car accident share fault, there are a number of factors that will be considered when determining the percentage of fault that should be assigned to each driver, including the following:
- Information included in the police report.
- Physical damage to the vehicles and the position of each vehicle.
- Weather conditions.
- Debris or skid marks on the road.
- Eyewitness statements.
- Surveillance from dashcams or video cameras in the area.
- Input from an accident reconstructionist specialist.
How Do I Prove Negligence If Both Drivers Share Fault?
If you intend to file a personal injury claim in a shared fault car accident, you have the burden of proving that the other driver is more at fault than you. In order to successfully demonstrate that the other driver had a greater share of liability, you will need to collect sufficient evidence. The following are examples of evidence that can strengthen your claim and increase the likelihood of a successful claims outcome:
- Photos of your injuries and the damage to your vehicle.
- Statements from witnesses.
- Copy of the official police report.
- Copies of the other driver’s phone records to prove that they were distracted at the time of the accident.
- Copies of driving records to establish that the other motorist was driving recklessly.
- Copies of medical reports demonstrating the nature and severity of your injuries.
What Steps Should I Take After a Car Accident in Monmouth County?
Shared fault claims can be more complicated than car accidents where one motorist is clearly at fault. Therefore, it is extremely important that you take the following steps as soon as possible:
- Call 911 to report the accident. Notify dispatch if there are injuries so that they can send an ambulance to the scene.
- Seek immediate medical attention, even if your injuries do not seem serious.
- Exchange information with the other driver, including driver’s license number, insurance information, and contact information.
- If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and ask for their contact information.
- Obtain a copy of the police report as soon as it is available.
- Contact a car accident lawyer who has experience with car accident claims involving shared fault.
What Common Challenges Arise When Both Motorists Share Fault in a Car Accident?
The comparative negligence doctrine is designed to be fair in situations where both motorists are at fault in a car accident. It ensures that each party recovers the compensation they deserve based on their share of liability. However, there are complications that may arise in car accident claims where there is shared fault, including:
- Insurance companies may attempt to assign a larger percentage of fault to you in order to reduce the settlement amount.
- There may be limited physical evidence or documentation to prove that the other driver was more at fault than you.
- Depending on the evidence available, the fault assessments can be based on your word against the other driver’s.
- Witnesses who could have provided valuable testimonies may decide not to come forward or become uncooperative.
- If you misunderstand your rights when it comes to the damages you are entitled to, you may delay filing a claim. In New Jersey, you must file a personal injury claim within two years from the date of the accident. If you miss the filing deadline, your claim will likely be denied, and you will be prohibited from recovering any damages.
Do not let these challenges prevent you from filing a claim and seeking compensation. Discuss the circumstances of the car accident with a highly skilled car accident lawyer who will review the details of the accident and recommend the best legal course of action to recover the financial compensation you deserve.
Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A. Pursue Maximum Financial Compensation for Car Accident Victims
If you were injured in a car accident and you were partly to blame for causing the accident, it is in your best interest to contact our Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. as soon as possible. To schedule a free consultation, call us today at 732-906-1500 or contact us online. Our offices are located in Brick, Freehold, Edison, and Toms River, where we serve clients throughout New Jersey.
