Compare(0) firms picked
Guide · New Jersey law · New Jersey

Shared fault in New Jersey

Updated By Spencer, editorEvery fact cites a source

New Jersey cuts an injury award by the injured person's share of the fault. If you were 50% or less at fault, you recover the rest. If you were more than 50% at fault, you recover nothing. In a lawsuit, the judge or jury sets each side's share as a percentage. Checked October 9, 2026.

Sources: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

How the cut works

Here's what the same example claim comes to at different shares of fault. It's an example, not a value for anyone's claim.

What a $100,000 claim comes to at each share of fault
Your share of the faultA $100,000 claim becomes
0%$100,000
20%$80,000
50%$50,000
51%$0, nothing
80%$0, nothing
Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

The 50% line

Your share is compared with the fault of the people you're suing, added together. If yours is greater, you recover nothing. If it's equal or smaller, your recovery is cut by your share.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

Who decides the shares

In a lawsuit, the judge or jury sets each side's share of the fault as a percentage, and the shares add up to the whole.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

When it's worth asking a lawyer

  1. The other driver's insurer says you caused itIts view isn't the final word. In a lawsuit, the judge or jury sets the shares.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
  2. More than one driver was at faultYour share is compared with all of theirs, added together.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
  3. Your deadline is getting closeIn New Jersey, an injury lawsuit generally must be filed within 2 years.Source: N.J.S.A. 2A:14-2(a)

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

Questions people ask

Can I recover if I was partly at fault in New Jersey?

Yes, if your share of the fault isn't greater than the share of the people you're suing, added together. Your recovery is cut by your share. Above 50%, you recover nothing.

What happens if I was 50% at fault?

Your share isn't greater than theirs, so you can still recover, cut by your share.

Who decides who was at fault?

In a lawsuit, the judge or jury. They set each side's share of the fault as a percentage.

Does New Jersey use comparative negligence?

Yes, a modified form: your recovery is cut by your share of the fault, and you recover nothing if your share is greater than that of the people you're suing.

More new jersey law guides