As kids, we’re taught to own up when we do something wrong. Parents often say the “incident” is not as bad as lying about what happened. The hope is that we carry that important lesson into adulthood. Unfortunately, after a car accident, that lesson often flies out the window because no one wants to admit fault.
However, you can’t run from strong evidence, especially if that evidence is on surveillance footage. If both drivers share fault in an accident, the issue becomes how much is “shared?”
To make that determination and protect your interests, you’ll want to discuss what happened with an experienced car accident attorney. Your attorney can review your options under New Jersey’s comparative negligence law and guide you towards making an informed decision about your claim.
You definitely don’t want to accept blame for an accident that wasn’t your fault.
How New Jersey Modified Comparative Negligence Laws Work
Comparative negligence is about sharing the blame. It is put into practice because not every car accident is “clean.” Many scenarios allow fault to be shared between two drivers.
Under this system, an insurance company investigates the accident and assigns a percentage of fault to each driver. It is important to note that this only applies if you are filing a claim against another driver’s insurance. If you are filing a claim using your carrier’s collision insurance, comparative negligence doesn’t come into play.
When you do file against another carrier, they will do whatever is necessary to reduce what they have to pay. You might hear some of the following terms as they relate to comparative negligence:
- Proximate Cause of the Collision: This refers to the primary reason the accident occurred. For instance, a driver running through a stop sign without stopping would be a primary cause.
- Greater Duty of Care: Each driver has a duty of care to follow the rules of the road established in the New Jersey driver’s manual. At times, a driver has a greater duty of care, such as when pulling out of a stop sign. You have the greater duty of care to be certain no cars are coming before pulling out.
- Last Clear Chance to Avoid the Collision: Could you have done something to avoid the accident occurring, such as an evasive action maneuver? If you did not take those actions, you could be partially at fault.
Common Scenarios Where Both Drivers May Share Liability
Every car accident will trigger some form of investigation. That investigation will involve witness statements, police crash reports, and any available surveillance camera footage. Medical records and lost wages are about the damages you can collect. First, you have to establish what happened.
Insurance adjusters are all too familiar with the following scenarios where blame can be shared in an accident:
- Turning and Speeding: A driver makes a left turn and fails to yield just as an oncoming car is speeding or runs a late yellow/red light.
- Unsafe Turns at Junctions: A driver turns right while another vehicle attempts an illegal overtake maneuver at the same junction.
- Sudden Stopping: A rear-end collision involving a trailing driver who fails to stop, and the lead driver slammed on the brakes without a clear road hazard ahead or had broken brake lights.
- Abrupt Re-entry: A lead driver cuts back into a lane too quickly and immediately brakes, leaving no reaction time.
- Simultaneous Merging: Two drivers in opposite lanes try to move into the exact middle lane at the same time, resulting in a side swipe.
- Blind Spot Drift: Both motorists drift from their respective lanes simultaneously without properly signaling or checking mirrors.
- Backing Up Simultaneously: Two drivers back out of opposing parking spaces into the same driving lane at the same time.
Disputing Assigned Blame for a Car Accident
The most important thing to remember about the comparative negligence act is that you don’t have to accept what the insurance company declares about fault automatically.
Remember, they want to reduce that payout. That means they will try to assign as much blame to you. If you are entitled to compensation but share in the blame, your final settlement amount could be reduced by that percentage. That’s why you want to push back and dispute what the insurance company claims.
The attorneys at Folkman Law can help you dispute it.
We pride ourselves on conducting thorough investigations that leave no doubt about who is really to blame in an accident. If fault is shared, we’ll fight to help our client receive the maximum compensation they’re entitled to.
Don’t accept what the insurance company tells you. Talk with Folkman Law to understand all of your options.
