How Does Car Accident Liability Work in New Jersey?

Car accidents happen every day, leading to devastating injuries, significant property damage, and legal complexities. As such, it’s imperative to understand how liability is determined. Please continue reading as we explore your legal options after a collision in New Jersey and how a determined Morris County Car Accident Attorney can assist you if you’ve been hurt in one. 

How Does Car Accident Liability Work in NJ?

New Jersey operates under a “no-fault” system, meaning your own insurance will cover your injury-related expenses regardless of who was at fault in the accident. Essentially, each party will turn to their insurance provider for compensation for their losses. However, if the injuries sustained are severe, your damages may exceed your coverage. In such cases, you would be entitled to pursue legal action for the remaining amount. 

Liability insurance coverage is a critical component of an auto insurance policy. In New Jersey, Personal Injury Protection (PIP) coverage is mandatory. This type of auto insurance covers medical expenses for you and your passengers if you are injured in an accident. This coverage is generally split into two categories: bodily injury and property damage liability. All motorists in the state are required to carry a minimum amount of liability insurance. The minimum coverage requirements in New Jersey are $15,000 in bodily injury liability per person, $30,000 per accident, and $5,000 for property damage. 

Is New Jersey a Comparative Negligence State?

New Jersey is a modified comparative negligence state. This means that fault is apportioned between the parties involved. Injured parties are allowed to recover damages even if they are partially at fault for an accident as long as they are less than or equally at fault as the defendant. However, your award will be reduced by your percentage of fault for the accident. If you are more than 50% at fault, you will face the absolute bar of recovery. This system ensures that victims can still seek compensation even if they are partially responsible for a crash. 

It’s important to gather strong evidence to prove the other driver’s negligence. Liability after a car accident is determined based on negligence. Therefore, before you can recover compensation for your damages, you will have to fulfill the burden of proof. This means you must demonstrate that the other driver’s negligence directly caused your injuries and losses. To establish liability, you must prove the other driver had a duty to operate their vehicle safely, they breached that duty of care, and that breach of duty caused the accident and subsequent damages.

If you’ve been injured in a car accident in New Jersey, it’s essential to consult a qualified attorney from Lutz Injury Law, who can help you navigate this complex process and protect your interests. Connect with our firm today to discuss your legal options.