Were you partially at fault in an accident? Don’t assume you can’t recover compensation. In both New York and New Jersey, comparative negligence laws determine how damages are calculated when multiple parties share responsibility. However, these neighboring states apply dramatically different rules—meaning identical circumstances can yield vastly different outcomes.
Understanding Comparative Negligence
Comparative negligence allocates fault percentages to each party involved in an accident, then adjusts monetary damages accordingly. Rather than completely barring recovery for contributory negligence, this system reduces your award proportionally to your degree of fault.
New York: Pure Comparative Negligence (CPLR §1411)
New York follows a “pure” comparative negligence system. Your compensation decreases by your fault percentage, but you maintain the right to recover damages regardless of your degree of responsibility—whether 10% or even 99% at fault.
For example, if damages total $100,000 and you bear 25% responsibility, your recovery becomes $75,000. Even at 60% fault, you still receive $40,000. While defendants can argue shared blame, they must substantiate their claims with concrete evidence: police reports, surveillance footage, witness testimony, expert accident reconstruction, and medical documentation.
New York’s car accident claims follow a dual-track system. No-fault PIP benefits—typically covering up to $50,000 in medical expenses and lost wages—are paid regardless of fault without reduction. For serious injuries meeting the Insurance Law threshold, you may pursue full tort damages (including pain and suffering), which are then reduced by your fault percentage.
New Jersey: Modified Comparative Negligence (N.J.S.A. 2A:15-5.1)
New Jersey employs a “modified” system with a critical threshold: recovery is permitted only when your fault doesn’t exceed 50%. Once you reach 51% fault, compensation is completely barred.
Consider this stark contrast: if damages equal $100,000 and you’re 50% at fault, you receive $50,000. At 51% fault? Zero recovery.
When multiple defendants are involved, New Jersey’s 60% rule applies (N.J.S.A. 2A:15-5.3). Defendants bearing at least 60% fault may be held liable for the entire judgment (with contribution rights against co-defendants). Those under 60% pay only their proportionate share. Note that claims against public entities fall under the Tort Claims Act, limiting government defendants to their exact fault percentage.
Why Fault Percentages Are Crucial
Insurance companies have strong financial incentives to maximize your assigned fault, thereby minimizing their payout obligations. Common tactics include:
- Rushing you into recorded statements
- Presenting selective evidence
- Making lowball offers based on inflated fault assessments
When insurers assign unfair fault percentages, you have options: challenge the determination internally, request ombudsman review (for auto claims), or litigate the issue in court, where evidence—not insurance adjusters—determines fault allocation.
Protecting Your Rights: Essential Steps
Treat every action as potential evidence. Critical measures include:
- Document the accident scene and injuries immediately
- Collect witness contact information
- Preserve all photographic and video evidence
- Obtain the official police report
- Seek immediate medical attention to establish causation
- Avoid statements that could be construed as admissions (“I should have seen them coming”)
- Consult a personal injury attorney promptly to preserve evidence and counter insurance strategies
The Bottom Line
New York’s pure comparative negligence system permits recovery even with substantial fault. In New Jersey, staying at or below the 50% threshold is paramount. These differing standards mean identical accidents can produce dramatically different outcomes depending on which side of the Hudson River they occur.
Understanding these rules—and building a strong evidentiary foundation from day one—often determines whether you receive fair compensation or nothing at all.
Injured in an Accident? Contact Song Law Firm Today
Have you been injured in New York or New Jersey and told you were “partly at fault”? Don’t accept that assessment without professional evaluation. Contact Song Law Firm at 201-461-0031 or pi@songlawfirm.com for a free, confidential consultation. We’ll analyze liability factors, preserve crucial evidence, and fight to maximize your recovery—even when fault is disputed.
Disclaimer: This column provides general legal information and should not be construed as legal advice. Case outcomes depend on specific facts and applicable law. Consult an attorney for guidance regarding your particular situation.
