What is Comparative Negligence in New Jersey? (N.J.S.A. 2A:15-5.1)

New Jersey follows a “modified comparative negligence” system, specifically outlined in N.J.S.A. 2A:15-5.1. In simple terms, this law means that if you are found to be partially at fault for an accident, your ability to recover damages (compensation for your injuries, lost wages, pain and suffering, etc.) can be reduced or even eliminated entirely.

Here’s the crucial part: if your percentage of fault is determined to be 50% or less, you can still recover damages. However, the amount you recover will be reduced proportionally to your degree of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your actual recovery would be $80,000 ($100,000 minus 20%).

However, if your fault is determined to be more than 50% (i.e., 51% or greater), you are barred from recovering any damages at all from the other party. This “51% bar rule” makes understanding and proving the degrees of fault incredibly important in any New Jersey truck accident case.

‍

How is Fault Determined in a NJ Truck Accident?

Determining fault in a truck accident is rarely straightforward. It often involves a meticulous investigation into various factors, including:

- Police Reports: While not always definitive, the initial accident report provides a starting point.

- Eyewitness Testimony: Statements from anyone who saw the accident can be crucial.

- Truck Driver Logs & ELD Data: Electronic Logging Devices (ELDs) and driver logs can reveal hours-of-service violations, which often point to driver fatigue.

- Truck Maintenance Records: Poorly maintained trucks can lead to equipment failure (e.g., brake failure, tire blowouts).

- Company Hiring and Training Practices: The trucking company itself might be negligent in its hiring, training, or supervision of drivers.

- Accident Reconstruction Experts: In complex cases, experts may be needed to analyze the crash scene, vehicle damage, and other physical evidence to determine the sequence of events and contributing factors.

- Traffic Laws and Regulations: Violations of traffic laws (speeding, improper lane changes, DUI) by either party will be heavily considered.

- Federal Motor Carrier Safety Administration (FMCSA) Regulations: Commercial trucks are subject to a host of federal safety rules, and violations can be strong evidence of negligence.

‍

Insurance companies will conduct their own investigations, and their primary goal is often to minimize their payout. This means they may try to shift as much blame as possible onto you, the victim. This is where experienced legal representation becomes invaluable.

‍

Why Comparative Negligence Makes Truck Accident Claims Complex, Especially in Areas like Hudson County

Truck accidents in densely populated and heavily trafficked areas like Hudson County, or along major arteries such as the NJ Turnpike or Garden State Parkway, often involve multiple vehicles and complex chains of events. Assigning percentages of fault in these scenarios requires a deep understanding of both New Jersey law and the specific dynamics of truck operations.

Consider these common scenarios where comparative negligence might come into play:

- A car driver is slightly speeding when a truck makes an improper lane change, causing a collision. Both parties might share some fault.

- A truck driver is fatigued and drifts into another lane, but the other car driver was distracted by their phone. Again, fault could be apportioned.

- Poor road conditions or a malfunctioning traffic signal contribute to an accident involving a truck. Multiple parties, including government entities, could be involved.

‍

In each case, the exact percentage of fault assigned to each party will directly impact the financial outcome of the claim.

‍

How an Experienced NJ Truck Accident Attorney Can Help

Navigating New Jersey’s comparative negligence laws after a truck accident is not something you should do alone. An experienced personal injury attorney who specializes in truck accident cases will:

- Conduct a thorough independent investigation into the accident.

- Gather and preserve all critical evidence, including ELD data, maintenance records, and witness statements.

- Work with accident reconstruction experts if necessary.

- Skillfully negotiate with insurance companies to protect your rights and ensure fault is fairly attributed.

- Fight to minimize any percentage of fault assigned to you.

- Be prepared to take your case to trial if a fair settlement cannot be reached.

‍

Your attorney’s primary goal will be to demonstrate that the truck driver and/or trucking company were primarily responsible for the accident, thereby maximizing your potential compensation.

‍

Don’t Let Comparative Negligence Deny You Fair Compensation

If you or a loved one has been injured in a truck accident in New Jersey, the complexities of comparative negligence can seem overwhelming, especially when you are also dealing with physical injuries and emotional distress. It is crucial to act quickly to protect your rights.

‍

If you've been in a truck accident in New Jersey and are unsure about your rights under comparative negligence, contact Sarofiem & Antoun today for a free case evaluation. Our experienced team understands the nuances of NJ truck accident law and will fight tirelessly to ensure you receive the maximum compensation you deserve. Don’t let the insurance companies unfairly shift the blame. Let us help you navigate this challenging process.

‍