New Jersey · Comparative Negligence

New Jersey Comparative Negligence Rule

New Jersey follows a modified 51% bar rule under N.J. Stat. § 2A:15-5.1. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: New Jersey

Rule type
Modified 51% bar

Claimant barred when fault is greater than 50% (the 51% rule).

Max fault to recover
50%
N.J. Stat. § 2A:15-5.1 →
How recovery works
Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified
2026-05-22
Source type
Primary (state statute)

Details for New Jersey

Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the combined negligence of defendants.

Related: New Jersey statute of limitations

New Jersey gives you 2 years to file a personal injury lawsuit under N.J. Stat. § 2A:14-2.

See the full New Jersey statute of limitations →

Related: car accident settlements by state

Fault rules like this one change what the same crash pays from state to state. Compare average car accident settlements, fault rules, and filing deadlines side by side.

Car accident settlements by state →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed New Jersey attorney before relying on it.

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New Jersey Comparative Negligence FAQ

What comparative negligence rule does New Jersey follow?

New Jersey follows a modified 51% bar rule under N.J. Stat. § 2A:15-5.1. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in New Jersey?

Yes, up to a point. In New Jersey you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in New Jersey?

Insurance adjusters argue percentage of fault to reduce what they pay. Because New Jersey bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in New Jersey?

New Jersey gives you 2 years to file a personal injury lawsuit under N.J. Stat. § 2A:14-2.

Where can I read the actual rule?

The controlling authority is N.J. Stat. § 2A:15-5.1. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states

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