What Happens If I am Partially At Fault for the Car Accident?
Most people are quick to automatically point fingers at the other driver when they get into a motor vehicle accident. No one wants to think they have any part in causing a crash. However, the truth is that in some cases both parties may have attributed some fault in causing the accident. If that is the case, what happens?
It is always best to immediately consult with and hire an experienced New Jersey car accident attorney after an accident to clear liability and avoid any fault on your part. However, even the best attorney may be unable to avoid clearing full liability in some circumstances.
What Happens When Accident Victims Are Partially At Fault?
Unless you are more at fault than the other motorist in the crash, you could still pursue money damages for your resulting injuries. New Jersey uses a comparative negligence law in cases where the accident victims are partially at fault for having caused the collision. According to New Jersey law, your money damages award will be reduced by your percentage of fault. If it is ultimately determined that you are at more fault than the other driver, the law will bar you from seeking damages for your injuries.
Insurance companies will take every step possible to apply this law to deny you compensation. As such, it is imperative that you immediately consult with an experienced New Jersey car accident lawyer to protect your legal rights and ensure you get the full compensation you deserve.
If you believe that you may be partially at fault for the crash, it is best not to discuss this with anyone else and only talk to your attorney as part of your confidential consultation. Telling the other party or the insurance adjuster, even your own insurance, can hurt your case and your ability to secure compensation.
Compensation for Car Crash Victims
Monetary compensation can never undo the injuries you suffer in a car crash, but it is an important part of the recovery process. Depending on the specific circumstances, you may be entitled to the following types of damages:
- Current and future medical bills
- Lost wages
- Pain and suffering
- Funeral and burial expenses
- Emotional distress
- Permanent disability
- Permanent disfigurement
- Cost of long-term therapy or treatment
With the help of an experienced attorney, you can get the full compensation you deserve.
Call a New Jersey Car Accident Attorney
If you or someone you know has suffered any type of injury in a car accident caused by the reckless or negligent actions of another driver, an experienced New Jersey car accident injury attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
