New Jersey is a modified comparative fault state, which means that car accident victims have to be less responsible for the accident than the drivers who caused them. It also means that if you are found to be at least partially responsible for the accident, the amount of damages you can recover will be proportionately reduced. When you are involved in an accident, it is important to understand New Jersey’s negligence laws and how they can affect your ability to collect compensation for your injuries.
Understanding New Jersey Comparative Negligence Laws
If you are injured in an accident and want to file a personal injury claim against the other driver, you must clearly establish that you were less than 51% responsible for the accident in order to collect any compensation for your injuries. The percentage to which you are found to be at fault will be deducted from the settlement offer you receive.
So, for example, if you are found to be 10% liable for your accident and your settlement is $100,000, you would receive compensation of $90,000. If you are found to be 51% responsible for your accident, you will be unable to collect any compensation.
Establishing liability is extremely important if you wish to collect the maximum amount possible after an accident. And make no mistake, the other driver’s insurance company will be looking for ways to reduce their own liabilities by claiming you were partly to blame for the accident. As such, retaining your own experienced legal counsel is crucial.
Proving Negligence in an Accident
Proving negligence after an accident can be difficult. Even with a police report, insurance companies will still try to pin some of the blame on you. They may claim that you were speeding at the time of the crash, or that you were texting and driving.To prove negligence in an accident, your attorney will need to establish 4 elements:
- The defendant owed you a duty of care
- The duty of care was breached or violated
- You sustained direct harm because of this breach
- This harm resulted in injuries and damages
When proving negligence, your attorney will need to investigate all aspects of the accident closely, as well as gather pertinent evidence to support your claims. Police reports, medical reports, medical testing results, and eyewitness accounts are all valuable during this process. In some cases, your attorney may even need to employ accident recreation experts and obtain expert testimony to prove negligence.
Call a New Jersey Negligence Law Attorney Today
If you or someone you love has been injured due to another person’s negligence in Vineland, Millville, Cumberland, Franklin, or anywhere else in the state of New Jersey, you have a right to seek compensation for the injuries sustained. The New Jersey negligence law attorneys at Rosner Law Offices, P.C. understand the complexities surrounding car accidents, as well as the pain and suffering victims often endure. To learn more about your legal rights, contact us today at (856) 238-5724 to schedule your free initial case evaluation.