Motorcycle accidents are often complex, especially when determining fault. In New Jersey, comparative negligence plays a significant role in how courts resolve these cases. If you’ve been involved in a motorcycle accident, understanding how comparative negligence works will help you navigate your case and understand how it can impact your compensation.
What is comparative negligence?
Comparative negligence is a legal principle that allocates fault when more than one party contributes to an accident. In simple terms, it means that if you share some responsibility for the accident, the court will reduce your compensation based on your percentage of fault. For example, if a court determines you are 20% at fault for the crash, it will reduce your compensation by 20%.
New Jersey’s comparative negligence laws
New Jersey follows a “modified comparative negligence” system. This system allows you to recover damages even if you share fault, but it comes with a limitation. If the court finds you 50% or more at fault, you cannot recover damages. So, if the court determines you’re 49% at fault, you can still recover compensation, but it will reduce by your percentage of fault.
This system ensures fairness in motorcycle accident cases by letting riders recover compensation, even if their actions played a role in the crash. However, proving exactly how the accident occurred becomes even more important to minimize your percentage of fault.
Impact on damages in motorcycle accidents
The percentage of fault the court assigns you directly affects the damages you can recover. If the court finds the other driver mostly at fault, but you share a small amount of responsibility, you can still recover a significant portion of the total damages. For instance, if the total damages amount to $100,000 and you are 10% at fault, the court will reduce your award by $10,000, leaving you with $90,000.
In motorcycle accident cases, proving the other party’s negligence and minimizing your own fault can help maximize the compensation you can recover.
Motorcycle accident cases often involve complex factors, but understanding how comparative negligence works in New Jersey allows you to approach your case with a clearer understanding of how it may unfold. This knowledge can make the difference between receiving compensation or being left without a recovery.