You may or may not be aware that your driver's license has been revoked or has expired. Then, the unexpected occurs and you find yourself involved in a car accident that is 100% the fault of another person's negligence.

When someone is in this scenario, there's a question you may ask: Can the defendant (the at-fault party) use the fact that you had no valid license as a defense to claim that you were operating a vehicle illegally?

There is some information on this topic in the following article to help you, but we highly recommend consulting a New Jersey car accident lawyer about your specific situation for answers.

Brandon J. Broderick, Attorney at Law, has represented clients involved in New Jersey car accidents for years. We have the experience and resources to support your case.

A Suspended or Expired License May Not Impact Your Right to Compensation

Liability in an auto accident claim will be based on negligence, as with any personal injury action. The following are the main proponents to a successful case:

• Whether or not you acted within reasonable conduct
• Whether the accident was caused by you failing to act reasonably
• Whether or not the accident actually caused damages for another person

With that said, a "reasonable" driver would operate a vehicle when their license was suspended or expired. Even if the response is "no," it is extremely improbable that the other party will be able to show that the accident was caused by the lack of a current driver's license.

Additionally, in New Jersey, claims when more than one party contributed to the accident are subject to the "modified comparative negligence" rule. That implies you may still be able to claim damages, though they may be diminished by the amount of your liability, so long as you were not the primary at-fault party (or more than 50% at-fault).

Modified Comparative Negligence in New Jersey

According to New Jersey's Comparative Negligence Act, the jury in some personal injury cases may assess the relative degree of fault of the parties engaged in the case, reducing the damages the injured plaintiff may be able to receive rather than completely prohibiting recovery.

The legal system in New Jersey is referred to as a "modified" comparative fault system. This means that a plaintiff who has been injured may not recover losses if their own fault exceeds that of the person or individuals against whom recovery is sought, under New Jersey law. As a result, New Jersey places a "50%" qualification on a plaintiff's recovery: if the jury finds that the plaintiff was more than 50% at fault for the alleged injury, the plaintiff is prohibited from seeking damages.

In contrast, a plaintiff may collect a portion of the damages they have suffered in a "pure" comparative negligence jurisdiction, like New York, even if their own fault was larger than the negligence of the person or individuals against whom recovery is sought. Even if the plaintiff's negligence percentage is higher than 50% in such a case, the damage award is reduced by that amount.

Again, seeking a New Jersey personal injury attorney will help you determine steps to take in your specific case, and explain your legal options.

Contact Brandon J. Broderick For Help

The law office of Brandon J. Broderick, Attorney At Law, has a wealth of experience resolving personal injury lawsuits, especially those involving negligent drivers. Let us help resolve your case and get you the compensation you are owed.

You won't pay any attorney costs until we secure compensation for your losses; we take all personal injury cases on a contingency basis.

To schedule a consultation, contact us today. We are ready to help you now.