Understanding Comparative Fault: How Shared Blame Affects Your Compensation
October 10, 2025
When an accident occurs, determining who is responsible is not always simple. Sometimes, several people share part of the blame. Comparative fault means that if you are partly at fault for an accident, your financial recovery could be reduced based on your level of responsibility.
At The Law Offices of Feeley & LaRocca, our attorneys help individuals understand how New Jersey’s shared responsibility laws can affect the outcome of their claim.
What Comparative Fault Means in New Jersey
Comparative fault, also called comparative negligence, divides financial responsibility among those involved in an accident according to each person’s share of fault. New Jersey follows the modified comparative fault rule, which allows an injured person to recover damages only if they are less than 51 percent responsible for the incident, as outlined under New Jersey Statutes §2A:15-5.1.
For example, if the total damages amount to $100,000 and you are found 20 percent responsible, you can still recover $80,000. However, if you are more than 50 percent at fault, you cannot recover any compensation. Our personal injury attorneys in New Jersey explain these rules clearly and help you understand how they apply to your specific case.
How Fault Is Determined After an Accident
Determining fault involves gathering evidence such as photos, police reports, medical documentation, and witness accounts. Insurance companies often perform their own investigations, but their conclusions may not always reflect the whole truth.
Our accident lawyers who represent public employees understand how easily fault can be misjudged, especially in situations involving police officers, firefighters, and other public workers injured in the line of duty. These cases may involve both workers’ compensation and third-party claims. You can learn more about how our attorneys support injured workers by visiting our About Us page.
How Shared Fault Can Affect Your Compensation
Even if you share a small portion of fault, the amount you recover for medical bills, lost wages, and emotional suffering can be reduced proportionally. For instance, if another driver was texting while you were speeding slightly, both actions may have contributed to the crash. A court may assign each person a percentage of fault that affects the final award.
Our injury compensation lawyers help clients challenge unfair fault assessments and make sure insurers do not minimize valid claims. With our experience and knowledge of New Jersey law, we work to ensure that your compensation accurately reflects your injuries and losses.
Protecting the Rights of Public Employees
Public employees often face complex rules when injuries occur on duty. Depending on the circumstances, you may qualify for workers’ compensation benefits, a personal injury claim, or both. Knowing which path to take can make a significant difference in your financial recovery.
Our team provides clear guidance to help you understand how comparative fault applies to your specific situation. We frequently represent firefighters, law enforcement officers, and other public workers who put their safety on the line every day. To see the full range of cases we handle, visit our Practice Areas page.
Why Having an Attorney Matters
Insurance adjusters often use comparative fault as a reason to offer less than what a claim is worth. Without legal support, injured individuals may accept settlements that do not fully cover their medical or financial needs. Our comparative fault attorneys work to ensure that responsibility is assigned accurately and that all evidence is presented effectively.
We take a practical, supportive approach to every case, focusing on results that make a real difference for our clients. To read feedback from people we have represented, visit our Testimonials page.
Protecting Your Future After an Accident
At The Law Offices of Feeley & LaRocca, our attorneys know how important your recovery is, especially for public employees and accident victims who depend on fair compensation to rebuild stability. Comparative fault can influence the amount you receive, but with our guidance, you can pursue a fair outcome while focusing on recovery.
Our firm takes the time to explain your options, build a strong case, and advocate for your right to fair compensation under New Jersey law. If you were injured and share partial responsibility for an accident, our attorneys are ready to help. To speak with our team and learn how we can assist you, contact us today.