New Jersey law recognizes the fact that in most car accident and truck accident cases, there are usually multiple contributing factors to the crash. Maybe one driver recklessly crossed lanes without signaling or checking their mirrors and struck and injured another driver. However, the injured driver was not wearing their seat-belt, which added to the severity of their injuries. New Jersey’s comparative negligence laws allow injured drivers who may be partially at fault for the accident to still seek and recover damages from any other liable parties. Here’s how comparative negligence works in the state of New Jersey.
Mercer County Personal Injury Lawyers help you determine percentage of fault
The first step in recovering compensation in an auto accident case is to determine how much of the fault lies with each party. Most often, the insurance companies of the different parties will investigate the accident, and then attempt to assign a percentage of fault to the parties involved. If a number can be agreed upon, compensation is then awarded, minus whatever percentage it was determined you held in the accident. So for example, if you are seeking $500,000 in damages, but it is agreed that you were 20% at fault for the accident, your total recovery would be $400,000.
If however, you cannot agree upon the percentages of fault assigned to the parties, the issue must then be decided in court, where a judge will listen to the different sides of the incident, and then assign his/her own determinations of fault. This is where it can be particularly advantageous to you if you are seeking compensation for a car accident injury to retain an experienced Mercer County personal injury attorney. They can help you to gather and present the evidence necessary to minimizing your fault in the accident, and help you recover the compensation you need and deserve.
Majority Responsibility for Accidents in New Jersey
Different states have different rules regarding when a partially at fault victim are allowed to seek compensation for their injuries. New Jersey law states that you are allowed to seek and recover damages for injuries as long as you are not more at fault than the parties you are seeking compensation from. So if you are found to be 60% responsible for the accident, you cannot seek compensation from the other driver. This is again where an experienced Trenton, NJ personal injury attorney can be of great benefit to help you mitigate the percentage of fault you are determined to have and allow you to seek compensation for your injuries.
Contact a Mercer County Car Accident Injury Lawyer Today
If you or a loved one has been injured in a car accident, you are most likely concerned for the future of your family. Medical expenses mount quickly, and if you left unable to work, it becomes a no-win scenario.
The law offices of Kamensky, Cohen & Riechelson have extensive experience helping our clients recover the compensation they need and deserve for their injuries. With the majority of our practice dedicated to personal injury law, we have the legal knowledge, experience, and tenacity necessary for the successful resolution of any personal injury claim. All personal injury claims including car accident cases are taken on contingency, meaning you do not pay us until we win your case. Our offices are conveniently located in downtown Trenton, and if your injuries leave you unable to come in to speak with us, we are happy to meet with you in your home or place of care.