Understanding How Fault Is Determined After a Car Accident in Somerset County

After a car crash, determining who was at fault plays a central role in the legal and insurance process. Fault affects who pays for damages, how much compensation is available, and whether a driver can file a lawsuit. In New Jersey, which uses a no-fault insurance model, questions of liability still matter, especially when injuries are severe or property damage is extensive.

If you’ve been involved in a crash in Somerset County, a car accident lawyer can help protect your rights, gather evidence, and pursue compensation. Determining fault is often more complex than it appears and may require legal and expert analysis.

What Does “Fault” Mean in a New Jersey Car Accident?

In legal terms, a driver is at fault when their negligence caused or contributed to a crash. Negligence might involve speeding, texting while driving, ignoring traffic signals, or following too closely. Fault isn’t always clear-cut — sometimes both drivers share responsibility.

New Jersey follows a system called “modified comparative negligence.” This means that if you are partially at fault for the crash, your compensation could be reduced in proportion to your level of responsibility. However, if you’re found to be more than 50% at fault, you cannot recover any compensation from the other driver.

The Role of No-Fault Insurance in New Jersey

New Jersey’s no-fault system requires drivers to carry Personal Injury Protection (PIP), which pays for your own medical bills regardless of who caused the crash. This system was designed to speed up payment and reduce lawsuits, but it comes with trade-offs.

If you selected a “limited right to sue” on your insurance policy, you can only file a claim against the other driver if you’ve suffered a serious injury, such as a fracture, disfigurement, or permanent disability. However, if you have an “unlimited right to sue” policy, you may pursue a lawsuit even for less severe injuries.

Determining fault becomes critical in these cases, as you may be entitled to economic and non-economic damages from the at-fault driver.

How Is Fault Proven in a Car Accident Case?

To establish fault, you need more than just your version of events. Evidence is crucial, and your car accident attorney can help gather the information needed to prove liability. This may include:

• Police accident reports
• Eyewitness statements
• Traffic camera or dash cam footage
• Skid mark and vehicle damage analysis
• Cell phone records or toxicology reports

Sometimes, accident reconstruction experts are brought in to explain how the crash occurred and who caused it.

What Happens If Multiple Drivers Share Fault?

In multi-vehicle accidents or situations with shared fault, New Jersey courts and insurers apply the comparative negligence rule. For example, if you were found 20% responsible for the crash and your damages totaled $100,000, you would be entitled to $80,000 in compensation.

Your attorney can help ensure your fault is not exaggerated by the insurance companies, which often try to minimize their own liability by shifting blame.

Can You Be Sued for Causing a Car Crash in Somerset County?

Yes. Even in a no-fault state like New Jersey, you can still be sued if you caused a crash and the injured party meets the threshold for a personal injury claim. Your car insurance company will defend you and cover damages up to your policy limit, but you could be personally liable for any remaining amount if the costs exceed your coverage.

This is why having strong liability coverage — and the support of a skilled car accident attorney — is essential.

Contact a Somerset County Car Accident Lawyer at Rebenack Aronow & Mascolo L.L.P.

If you’ve been hurt in a car crash or are being blamed for causing one, don’t wait to seek legal guidance. A Somerset County car accident lawyer at Rebenack Aronow & Mascolo L.L.P. can help protect your rights and pursue the compensation you deserve. Call us today at 732-247-3600 or complete our online form to schedule a free consultation. Located in New Brunswick, Somerville, and Manalapan, New Jersey, we serve clients in Middlesex County, Monmouth County, and Somerset County.