Can I still make a claim if I was partially at fault for an accident?

Yes, you can still make a claim if you were partially at fault for an accident in New Jersey. In New Jersey, the law of comparative negligence applies when more than one person is responsible for an accident. This means that a court will apportion liability, or blame, based on the percentage of fault for each person involved. So, even if you were partially at fault for the accident, as long as you are not more than fifty percent at fault, you can seek damages from the other person or party involved. For example, if you are involved in a rear-end accident and both parties were partially at fault, such as you for following too closely and the other driver for not maintaining a safe distance, then the court would apportion each party’s percentage of fault. If you are found to be 20% at fault and the other driver is found to be 80% at fault, then you can still make a claim for your damages, but the amount of your damages will be reduced by your percentage of fault. It is also important to know that the burden of proof is on you to show that the other party was more at fault than you were and that the other party was the one that caused the accident. Therefore, it is important to gather evidence to support your claim. The best way to do this is to document the scene of the accident and collect witness statements, photographs, and any other evidence that will prove that the other party was more responsible for the accident.

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Can I still make a claim if I was partially at fault for an accident?

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