One of the most common reasons people hesitate to pursue a personal injury claim is the belief that they share some responsibility for the accident. “I wasn’t wearing my seatbelt.” “I was driving a little over the speed limit.” “I was looking at my phone for a second.” “I should have seen that wet floor.”
In New Jersey, partial fault does not automatically disqualify you from recovering compensation. Under the state’s comparative negligence law, you may still be entitled to damages — potentially significant damages — even if you were partly to blame. Here’s how it works.
New Jersey’s Modified Comparative Negligence Rule
New Jersey follows a modified comparative negligence standard, codified at N.J.S.A. 2A:15-5.1. Under this rule:
- Your damages are reduced in proportion to your percentage of fault
- You can still recover as long as your fault is 50% or less
- If you are found to be more than 50% at fault, you recover nothing
This is called the “51% bar” — if a jury finds you 51% or more responsible, your recovery is completely barred. At 50% or below, you recover a reduced amount.
A Practical Example
Suppose you’re involved in a car accident. The other driver ran a red light, but you were traveling 10 mph over the speed limit at the time. A jury determines your total damages are $100,000. They also determine you were 25% at fault for speeding, and the other driver was 75% at fault for running the light.
Under comparative negligence, you receive $75,000 — your $100,000 in damages, reduced by your 25% share of fault.
Now suppose the jury found you 55% at fault — perhaps because you were significantly speeding in a school zone. In that case, you would recover nothing, even though the other driver also contributed to the accident.
How Fault Percentages Are Determined
In litigation, fault percentages are determined by the jury based on evidence presented at trial. In settlement negotiations, the parties (and their insurers) negotiate fault allocation informally. Both sides will typically present their strongest arguments for why the other party bears more of the responsibility.
Common factors that affect fault allocation in personal injury cases include:
- Traffic law violations by either party
- Distracted driving (phone use, inattention)
- Failure to use safety equipment (seatbelts, helmets)
- Speed relative to conditions
- Prior knowledge of a hazard (for premises liability cases)
- Failure to take reasonable steps to avoid the accident
The Seat Belt Defense
New Jersey law allows defendants to argue that an injured person’s failure to wear a seat belt contributed to the severity of their injuries — the “seat belt defense.” If successful, this argument can reduce the plaintiff’s damages, though it does not affect liability for the accident itself.
Why Comparative Negligence Arguments Often Favor Defendants
Insurance companies and defense attorneys routinely investigate and emphasize a plaintiff’s potential fault precisely because it reduces their exposure. Even finding you 20% at fault on a $500,000 claim saves them $100,000. This is why having an experienced personal injury attorney — who understands how to counter these arguments and present your case in the most favorable light — matters so much.
Don’t Assume Partial Fault Means No Recovery
If you’ve been injured in an accident and you’re worried that you share some of the blame, don’t walk away from a potential claim without speaking to an attorney. The evaluation of fault is rarely as clear-cut as the other side will claim, and the law gives you a path to recovery even when you weren’t perfect.
At the Law Office of Orlando R. Rodriguez, LLC, we evaluate personal injury cases throughout New Jersey at no charge. Call or text us at 973-536-2830 to discuss what happened and what your options are.