In some cases, the defendant in a personal injury case will try to blame the injured party for causing the accident—in fact, the injured party may have even played some role in contributing to the cause of the accident.  This does not mean that you, as the injured party, would be unable to recover compensation. Comparative (or contributory) negligence is a system where fault is apportioned between the parties. In New Jersey, the accident victim can recover compensation from the negligent party so long the victim is not found to be more at fault than that party.  For example, if $100,000 in compensation is awarded and you were found to be 30% at fault, you can still recover 70% of your compensation award. If you were found to be 51% at fault, however, you can’t recover compensation.