What happens when a plaintiff has some fault for the happening of an accident. Many times, both sides share some of the blame. New Jersey is a partial comparative negligence state. Understanding it can help you know what to expect in terms of compensation if you are injured, even if you may be partially responsible.
So, What Does “Partial Comparative Negligence” Mean?
In New Jersey, partial comparative negligence means that if you’re partly responsible for an accident, you can still recover damages—but the amount you receive will be reduced by your share of the fault. If you are no more than 50% at fault, you are still eligible for compensation. Compensation is not the best word but the word our law recognizes. Really, when you are an injured plaintiff, you are receiving or entitled to value for what you have lost or what has been taken away from you. That amount may be reduced if you have some fault.
If you are over 50% responsible, though, you can not recover anything. Thus, 50% or less and you recover. 51% or more and you do not recover anything.
Below is a break it down with a few examples to show how this works in real-life situations.
Example 1: A Rainy Day Car Accident
Imagine you’re driving a little over the speed limit on a rainy day. Another driver suddenly changes lanes without signaling, and the two of you collide. At trial a jury decides that you were 30% responsible because of your speed, and the other driver was 70% at fault for changing lanes unsafely.
Here’s how compensation would play out:
• If you’re awarded $100,000 in damages, your compensation would be reduced by your 30% of the fault, or $30,000.
• You’d end up with $70,000 from the other driver’s insurance.
Since you’re under 50% at fault, you’re still eligible for compensation, but it’s reduced to reflect your share of responsibility.
Example 2: Slip and Fall in a Grocery Store
You are shopping in a grocery store when you slip on a spill. There are no warning signs around, but you were looking at your phone and didn’t notice the spill in time.
In this situation, a jury might find you 40% at fault for not paying attention, with the store 60% at fault for failing to clean up the spill or put up a warning sign.
Let’s say your medical bills and other damages add up to $50,000:
• With a 40% share of the fault, your compensation would be reduced by $20,000.
• You’d be eligible to receive $30,000 from the store.
Since your fault is below 50%, you can still recover damages, just a bit less than the full amount.
Example 3: A Pedestrian Accident with Shared Blame
Imagine that you are crossing the street in a crosswalk, but you’re looking at your phone and don’t see a speeding car coming toward you. The driver doesn’t stop in time and hits you. At trial a jury determines that that the driver was 55% at fault for speeding, while you were 45% at fault for not paying attention while crossing.
Here’s how your compensation (value for your loss) could look:
• Let’s say your damages are $80,000. Since you were 45% at fault, your compensation would be reduced by $36,000.• That leaves you with $44,000 in compensation.
Because your share of fault is under 50%, you’re still able to recover damages, adjusted for your part in the accident.
Why Understanding Comparative Negligence Matters
When you’re hurt in an accident, it’s important to know how New Jersey’s comparative negligence law might affect your case. Even if you share some responsibility, you can still recover damages as long as you’re not mostly at fault. Working with an experienced personal injury attorney can help you make the strongest case, showing the other party’s responsibility while minimizing your own.
New Jersey’s Jury Instruction on Comparative Negligence
The following is the NJ Model Jury Charge on comparative negligence explaining these issues. This is the instruction that a jury will receive when there is an issue of comparative fault:
7.31 COMPARATIVE NEGLIGENCE/FAULT: ULTIMATE
OUTCOME (Approved 03/2000; Revised 11/2023)
If you find that the plaintiff and one or more individuals or entities were [negligent/at fault] and proximately caused the [accident/injury], then you must compare the [negligent conduct/fault] of those individuals or entities in terms of percentages. You will attribute to each of them that percentage that you find describes or measures their [negligent contribution/fault] in proximately causing the [accident/injury]. The percentages must add up to 100%. You should not allocate any percentage to any individual or entity who you have found was not both [negligent/at fault] and a proximate cause of the [accident/injury].
I will explain to you the effect of these percentages. In order for the plaintiff to recover against any defendant, plaintiff’s percentage of fault must be 50% or less. If the plaintiff’s percentage is more than 50%, plaintiff will not recover damages at all, and your deliberations are concluded and you should not make any determination as to damages. A plaintiff whose percentage is 50% or less will recover from any defendant, whose fault you have found was a proximate cause of the [accident/injury].
Questions? We’re Here to Help
If you are dealing with an injury case and wondering how partial comparative negligence could affect your claim, we are here to guide you. Reach out to us at Scura Wigfield for a free consultation. We will help you understand your options and work to get you the value for your harms and losses that you deserve.
