Accidents may be caused by the negligence of more than one party. A driver who was rear ended while on his cell phone; a pedestrian who was hit by a car while she crossed in the middle of traffic; a slip and fall suffered in a convenience store by a customer who ignored warnings. Under New Jersey law, being partially at fault does not automatically bar recovery by an injured party.
In New Jersey, the “modified comparative negligence” rule outlines how shared fault affects recovery. Under this modified comparative negligence rule, a plaintiff who is found to be more than fifty percent (50%) at fault is entitled to no recovery; however, a plaintiff who is found to be fifty percent (50%) or less at fault is entitled to recovery of an award that is reduced by the percentage of fault attributed to him. See Brodsky v. Grinnell Haulers, Inc., 181 N.J. 102, 109 (2004).
To determine this, N.J.S.A. § 2A:15-5.2(a)(1) and (2) sets forth that a factfinder (judge or jury) must assess: (1) the amount of damages to be recovered regardless of fault, and (2) the percentage of each party’s negligence or fault. If plaintiff’s fault is 50% or less, the total amount of damages is then reduced by that plaintiff’s own percentage of fault. So, if total damages are calculated at $100,000, and plaintiff is found 20% at fault, that plaintiff could recover up to $80,000 in damages.
Additionally, N.J.S.A. § 2A:15-5.3 governs shared fault cases involving more than two parties. Under that statute, a plaintiff can recover the full damage award from any single defendant found to be at least 60% at fault. However, defendants found to be less than 60% at fault are only responsible for paying their own percentage share of the damages.
Shared fault cases benefit from careful preparation to maximize the potential damages you may recover from an injury. If you have been injured in an accident and are unsure how these rules apply to your situation, the attorneys at Porter Thomas Grabell & Baumwoll P.C. are available to help evaluate whether you have an actionable claim. Please contact us at (201) 569-5959 to schedule a consultation.
