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Comparative Fault

Sometimes it is very clear who is to blame for a major accident. Most personal injury cases, however, are less straightforward. There can be many factors contributing to an accident, including the injured person’s own behavior. Each state has its own policies for handling claims where the defendant is partially to blame; New Jersey applies the modified comparative fault rule.

If you have been harmed by another person or entity’s negligent behavior, you could have grounds for legal action even if you are partially to blame. To learn more about your rights and responsibilities as an accident victim, call the New Jersey personal injury lawyers of Levinson Axelrod, P.A. at 1-800-346-5529.

The 51% Rule

Modified comparative negligence is also known as the 51% rule. This means that you may be eligible for compensation if you are less than 51% responsible for your injuries. If you and the defendant cannot agree about who is at fault, a civil court will examine the accident and determine how much responsibility each party shares.

Assigning percentages of fault may seem somewhat arbitrary, but judges and juries do their best to consider the facts objectively. They look at many factors involved in your accident to determine if it could have been prevented. The questions they will try to answer include:

  • Could the accident have been predicted? If so, by whom?
  • Was it reasonably possible for any party involved to prevent the accident?
  • Did the defendant owe some duty of care to the plaintiff?

If you are found to be completely blameless for the accident, you will be eligible for complete compensation for the losses you can prove. However, if your responsibility for the accident is between 1% and 50%, your compensation will be decreased accordingly. For example, if you are 40% responsible for the accident, you may be compensated for 60% of your total losses.

Contact a New Jersey Personal Injury Lawyer

Receiving compensation for a complicated accident requires a solid legal case and aggressive representation. To discuss your case with an experienced New Jersey personal injury attorney, contact the offices of Levinson Axelrod, P.A. at 1-800-346-5529.