Route 41, also known as Kings Highway, runs through Cherry Hill as a busy corridor filled with commuters, passenger vehicles, trucks, vans, cyclists, and pedestrians. The roadway’s intersections and frequent congestion make it a common site for collisions. When accidents happen on this heavily traveled route, questions often arise about whether someone can still recover compensation if they shared part of the blame for the accident.
Why Is Route 41 in Cherry Hill Prone to Accidents?
The mix of residential neighborhoods, commercial areas, intersections with busy highways like Route 70, and high daily traffic volume contributes to these collisions. Intersections with multiple turning lanes and traffic lights add further risks. Distracted driving and speeding are common factors, making it a challenging roadway for safe travel.
What Does Comparative Negligence Mean in New Jersey?
New Jersey follows a modified comparative negligence system. This means that an injured party can still recover damages if they are less than 51 percent at fault for the accident. However, the amount they receive is reduced by their percentage of fault. For example, if a driver is found 20 percent responsible for a crash, their damages are reduced by that percentage. When a driver is 51 percent or more liable, they are not entitled to compensation.
How Is Fault Determined After a Crash on Route 41?
Fault is assessed through police reports, witness accounts, physical evidence, and sometimes expert testimony from accident reconstruction professionals. Insurance adjusters and courts may also review photographs, traffic camera footage, and vehicle damage patterns. The process is designed to allocate responsibility fairly among all involved parties.
What Types of Damages May Be Available?
Damages in motor vehicle accidents generally include medical expenses, lost income, property repairs, and pain and suffering. The availability and amount depend on the circumstances of the case, the extent of injuries, and the proportion of fault assigned. Each case is evaluated individually based on evidence.
How Does Insurance Handle Partial Fault Cases?
Insurance companies in New Jersey apply comparative negligence rules when determining payouts. An adjuster may reduce a settlement offer based on the injured party’s share of fault. Disputes often arise regarding the percentage assigned, which can affect how much compensation is ultimately paid.
How Can Evidence Affect a Partial Fault Claim?
Evidence such as skid marks, vehicle damage patterns, traffic camera recordings, and phone records can strongly influence how fault is divided. Detailed documentation often determines whether someone’s percentage of responsibility is low enough to allow recovery; the strength of evidence may directly impact the financial outcome.
Does New Jersey’s No-Fault System Apply to Partial Fault Cases?
New Jersey’s no-fault insurance system requires drivers to first use their personal injury protection coverage for medical bills, regardless of fault. However, when damages exceed policy limits or involve serious injury, claims can be pursued against another driver. In those cases, comparative negligence rules come into play if partial fault exists.
Can Pedestrians or Cyclists Recover if They Share Fault?
Yes, pedestrians and cyclists may also pursue damages under the comparative negligence system if they are less than 51 percent responsible. For example, a pedestrian crossing on a green light may share some fault but still recover reduced damages if struck by a negligent driver. The same principle applies to cyclists.
Contact Our Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York
If you need clarification about compensation for motor vehicle crash damages, contact our Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and serve clients across New Jersey and Pennsylvania.