How Shared Fault Laws Affect Compensation for Truck Accidents in Phillipsburg, NJ

When trying to seek compensation for personal injuries, the usual method is to prove that a driver or property owner was negligent. This could mean that he or she was driving too fast or knew about damage to his or her property and didn’t fix it. However, in some states, including New Jersey, the other party can try to claim that you contributed to your own injuries to reduce the damage award.

Shared Fault

When people try to claim damages after being injured in automobile or truck accidents in Phillipsburg, NJ, the negligent party can claim that they somehow contributed to the accident. The state of New Jersey is one of a handful of states that recognizes the “modified comparative negligence rule.” This means that the amount of damages you would otherwise be entitled to could be reduced if it is found that you share blame for the accident.

The compensation amount you receive will be reduced by the amount equal to the percentage which is found to be your fault. So, if it’s determined you were 20% at fault for the accident, then compensation is reduced by 20%. Drivers who were following trucks too closely or pulled up beside them while they were trying to turn right may be found to have contributed to their involvement in truck accidents.

Injuries Involving State Agencies

If your accident involved someone who was working for the state at the time of the accident, then the rules for seeking compensation for Phillipsburg truck accidents changes slightly. Along with giving you two years from the date of your injury to file suit, you will have 90 days from the date of your injury to file a formal claim with the state.

Once the formal complaint is filed, you need to wait six months before your attorney can file a lawsuit to recover damages for injuries caused by truck accidents.