Many car accidents are not just the fault of the defendant. There are times where the plaintiff also played a part in how an accident turned out. While the law in New Jersey used to forbid collecting a judgment from anyone who had a contribution to their injury in a car accident, that has changed, meaning that if someone were somewhat negligent, but not as negligent as the defendant, they could still collect damages. With an auto accident lawyer in Denville New jersey, you may still be able to collect damages in your case, even if you were partially at fault. An auto accident lawyer in Denville New Jersey can tell you what your rights are based on your individual case.
New Jersey is a comparative negligence state. Comparative negligence in the legal term for how damages are calculated when the plaintiff was partially at fault for the damages that were caused by the accident. In New Jersey, a plaintiff can still collect money damages from a defendant in their car accident or other negligent cause of the action as long as they are less than 50% at fault for the damages. Once damages are decided on, the percentage of fault the plaintiff had would be determined and would lower the amount they collect by that percentage.
An example of when comparative negligence may be used would be if the defendant was driving recklessly, but the plaintiff was also driving above the speed limit. The plaintiff may have had a part to play because of the speeding, but the defendant was the main one at fault. An auto accident lawyer would then argue during trial as to what percentage fault was between the plaintiff and defendant.