A New Jersey woman received a $5 million-plus settlement after a tractor trailer at work severely injured her. The woman usually parked in front of her office building but, on the day of the accident, was waved to the back parking lot because of construction on the front lot. She parked near the company’s loading dock.
The truck driver hit the woman when she walked from her vehicle into the office. He wasn’t unloading at the employer’s premises. He was lost and needed driving directions.
After the accident, the woman suffered fractures to her ankles, a right hip fracture, a pelvis fracture, a sacrum fracture, and spinal fractures. She endured multiple surgeries.
She settled with the employer for $1.9 billion before the trial date. The trucker’s employer offered almost $3.5 million a few days before the trial date.
This case in an example of New Jersey’s “shared fault” laws. In a shared fault injury case, New Jersey law follows the modified comparative negligence rule. In other words, both the employer’s parking lot repairs and the errant truck driver’s employer were held liable for the woman’s accident. Their insurance companies shared liability for the woman’s medical care, lost wages, and pain and suffering.
In some cases, the plaintiff may be held partially to blame for an accident. In that scenario, he or she receives compensation that’s reduced by his or her percentage of fault assigned by the court. New Jersey law says that if the plaintiff bears greater than 50 percent of the blame, he or she can’t claim compensation from others deemed at-fault.
Courts in New Jersey follow these laws in a personal injury lawsuit that goes to trial. An insurance company’s attorneys in a compensation settlement negotiation discussion often raise it. Don’t let that happen to you.
If you or someone you love has been injured by another party’s negligence, don’t speak with an insurance adjuster for that party without advice from an experienced personal injury law firm. The Law Firm of Christopher A. Brown stands by to help New Jersey victims get justice. Call now to schedule a review of your potential case.