Can I Still Sue If I’m Partially at Fault for the Accident?

Yes, you may still sue for damages even if you were partially at fault for the accident.

The law that governs this is the Comparative Negligence Act. This law works on a percentage basis, meaning your potential compensation is reduced by your percentage of fault.

However, there is a strict limit. If you are found to be more than 50% responsible for the accident, you are barred from recovering any compensation at all. This is also called the “51% Bar Rule.”

Determining these percentages is an involved process that requires gathering evidence and presenting a clear picture of how the accident happened. Insurance companies will conduct their own investigation to argue you were as much at fault as possible, as this reduces what they might have to pay. A Bergen County Car Accident Lawyer can build a strong case, challenge unfair fault claims, and fight for the compensation you deserve.

If you have questions about your situation and how New Jersey’s fault rules might apply, the team at Maggiano, DiGirolamo & Lizzi, P.C. is here to help. Call for a free consultation at (201) 585-9111.

The “51% Rule” in New Jersey: How It Really Works

You’ve been injured, but a nagging thought keeps you up at night: you might have contributed to the accident. Maybe you were driving a few miles over the speed limit, or perhaps you were momentarily distracted. Now, facing medical bills and lost wages, you’re worried this single fact closes the door to getting any financial help. How Much Is a Car Accident Case Worth depends on the specific facts of your crash, including the severity of your injuries, the insurance coverage available, and the percentage of fault assigned to each driver.

Soon after the accident, the other party’s insurance adjuster may call you. They might imply that because you have some fault, you are not entitled to anything. This is incredibly disheartening and might make you feel like you have no options but to accept a lowball offer or, worse, give up entirely.

This is where understanding your rights protects your claim. New Jersey law anticipates that accidents are rarely 100% one person’s fault. The state follows a legal doctrine called modified comparative negligence.

Here is a simple way to understand how it works:

• Think of it like a pie chart of responsibility. A judge or jury listens to all the evidence, from police reports to witness statements, and assigns a percentage of fault to everyone involved. This divides the “blame pie” into slices.
• Your right to recover depends on your slice of the pie. As long as your percentage of fault is 50% or less, you are able to recover damages from the other at-fault parties.
• Your compensation is reduced by your percentage. Your final award will be reduced by your percentage of fault. If you are 50% at fault, it’s reduced by 50%.
• The 51% cutoff is absolute. If your share of the blame is determined to be 51% or more, you are barred from recovering any money from the other party in a lawsuit. Our firm handles the process of building a case designed to show the full context of the incident and ensure blame is not unfairly shifted to you.

How Is Fault Determined?

So, who decides these percentages? How does an insurance company or a court settle on a number like 20% or 50%? The percentage of fault is determined by carefully analyzing all available evidence.

This evidence includes:

• The Police Report: While not always the final word, this report contains the responding officer’s initial observations, diagrams of the scene, witness information, and sometimes a preliminary finding of who violated a traffic law.
• Witness Statements: Independent third parties who saw what happened provide unbiased accounts that are persuasive. Their testimony may confirm or contradict the stories of the drivers involved.
• Photos and Videos: This is one of the most powerful forms of evidence. It includes pictures you take at the scene, dashcam footage from your vehicle or others, and surveillance video from nearby businesses. In the commercial areas of Fort Lee and Hackensack, many businesses have exterior cameras that may have captured the incident.
• Vehicle “Black Box” Data: Most modern cars are equipped with an Event Data Recorder (EDR). This device records data like speed, braking, steering inputs, and seatbelt use in the moments just before a collision.
• Accident Reconstruction: In difficult cases, it may be necessary to bring in professionals who specialize in accident reconstruction. These individuals use physics, engineering, and forensic analysis to recreate the accident scene and scientifically demonstrate the sequence of events.

Piecing all this evidence together to form a clear and persuasive narrative is a detailed process. It requires knowing what to look for, who to talk to, and how to challenge an insurance company’s version of events. In a place like Bergen County, with its incredible diversity, this presents unique challenges. Language is sometimes a barrier when gathering witness statements. Our firm has the resources to work with interpreters to ensure every witness’s account is accurately recorded, whether they speak Korean in Palisades Park, Spanish in Englewood, or any other language. I Need a Lawyer becomes a natural conclusion when facing these complexities, as professional guidance can protect your rights and strengthen your case.

Common Scenarios Where You Might Share Fault (But Still Have a Case)

Here are a few common examples where you might think you have no claim, but you could still be entitled to compensation under New Jersey’s comparative negligence law. File a Car Accident Claim as soon as possible to protect your rights and begin gathering the evidence needed to prove how the other party’s negligence contributed to your injuries.

• Rear-End Collision While You Braked Suddenly: Generally, a driver who rear-ends another vehicle is considered at fault. But what if you had to stop short for a non-emergency reason? An insurer might argue you share some blame. However, the driver behind you still had a legal duty to maintain a safe following distance, and their failure to do so is typically the primary cause of the crash.
• A Car Turns Left in Front of You While You Were Speeding: A driver making a left turn has a clear duty to yield to oncoming traffic. Even if you were driving slightly over the speed limit, that driver likely holds the majority of the fault for failing to yield the right-of-way. Your speed might reduce your final award, but it usually does not eliminate it.
• A Slip and Fall Where You Were on Your Phone: Property owners have a duty to keep their premises reasonably safe from known hazards. If you slipped on a wet floor in a grocery store that had no warning sign, you may have a strong case. While the defense might argue you were distracted by your phone, the property owner’s failure to place a simple sign could be seen as the primary cause of the fall.
• A Pedestrian Accident While Jaywalking: Pedestrians have a responsibility to use crosswalks when available. But drivers always have a responsibility to be aware of their surroundings and avoid collisions. If a driver was speeding, texting, or otherwise negligent, they could be held primarily responsible even if the pedestrian was not in a designated crosswalk at the time.

What Not to Do: Actions That Can Unfairly Increase Your Percentage of Fault

After an accident, in the moments of confusion and stress, what you say and do has a significant impact on your case. Insurance companies for the other party will be looking for any information they will use to shift more blame onto you, so don’t give them anything to work with. A strong Car Accident Settlement depends on careful communication and avoiding statements that could be used to reduce the value of your claim.

Here are a few things to avoid:

• Do not apologize or admit fault. A simple “I’m so sorry” at the scene may be twisted into an admission of guilt, even if you were just being polite or expressing sympathy that an accident occurred. Stick to the facts when speaking to anyone.
• Do not give a recorded statement to the other party’s insurer without legal guidance. You are not required to provide one. The adjuster is trained to ask questions in a way that may lead you to say something that hurts your case. Let a lawyer handle these communications.
• Do not post about the accident on social media. Insurance companies absolutely monitor social media accounts. A picture of you out with friends a week after the crash could be used to argue your injuries are not as severe as you claim. Stay off social media entirely while your case is pending.
• Do not delay medical treatment. If you are injured, seek medical attention immediately. Gaps in your treatment history are used by an insurer to suggest that your injuries were caused by something else or are not that serious. Consistent medical care creates a clear record of your injuries.

The best course of action is to speak with a lawyer before having any detailed conversations with an insurance company. We will advise you on how to handle these communications and protect your rights from the very beginning. It is always wise to Hire an Attorney After a Car Accident to guide these discussions and safeguard the value of your claim.

Frequently Asked Questions about Shared Fault Accidents in New Jersey

Don’t Let Fault Myths Stop You From Filing

Being partly at fault doesn’t automatically kill your case. In New Jersey, the law gives you a real shot at recovery as long as you’re not mostly to blame. But insurers may try to twist the facts and stack the percentages against you.

That’s where we come in. At Maggiano, DiGirolamo & Lizzi, P.C., we investigate your case with one goal: proving the other side’s share of blame and protecting your right to compensation. 

If you’re unsure where you stand or what your options are, call us today at (201) 585-9111. We’ll walk you through what to expect and how to move forward with confidence.