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Why Not Every Defendant Pays The Same Share

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Aug 31, 2026

Read Time: 3 mins

A serious truck crash often involves more than one potentially responsible party, from the driver to the trucking company to a maintenance contractor. New Jersey law determines how liability gets divided among them, and that division can meaningfully affect what an injured person actually collects.

The Statute That Governs Multiple Defendants

Under N.J.S.A. 2A:15-5.3, a defendant found 60 percent or more responsible for an injury is jointly and severally liable for the entire damages award, while a defendant found less than 60 percent responsible is generally only liable for their own specific share.

Why This Threshold Matters So Much In Trucking Cases

Because truck accident cases often involve multiple defendants, such as the driver, the trucking company, and sometimes a separate maintenance or leasing entity, whether any single defendant crosses this 60 percent threshold can determine whether an injured person can recover the full award from one party or has to collect proportionally from several.

How Fault Gets Allocated Among Multiple Parties

A jury assigns a specific percentage of fault to each party found to have contributed to the crash, including the driver, the trucking company for its own independent negligence, and any other party whose conduct played a role. These percentages must add up to 100 percent across everyone found at fault.

Why This Matters When One Defendant Cannot Pay

If a defendant responsible for only a portion of the fault becomes insolvent or lacks sufficient insurance, an injured person generally cannot collect that party’s share from the other defendants unless one of them independently crossed the 60 percent threshold. This makes identifying every well-insured potentially liable party especially important.

How Trucking Companies Can Face Independent Liability

Beyond vicarious liability for the driver’s conduct, a trucking company can be found independently negligent for hiring, training, supervision, or maintenance failures. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. investigates this independent negligence theory in every serious truck crash case it handles. This independent negligence gets its own percentage of fault, separate from whatever percentage gets assigned to the driver personally.

What Evidence Helps Establish Fault Allocation Among Multiple Parties

Because how fault gets divided directly affects what can actually be collected, building a complete picture of every party’s role matters considerably:

The trucking company’s driver qualification and training records
Vehicle maintenance and inspection logs
Evidence of the driver’s own conduct at the time of the crash
Records identifying any third-party maintenance or leasing entities involved

Applying This Framework To A Hackensack Truck Accident

Because the 60 percent threshold determines whether a single defendant bears the full award or fault gets divided proportionally, identifying every potentially liable party and their individual conduct matters from the outset. A Hackensack truck accident lawyer can investigate each party’s role to determine how this framework applies to a specific crash.

Why Insurance Coverage Matters Alongside Fault Allocation

Because a defendant’s fault percentage only translates into actual recovery if that party has the resources to pay, confirming available insurance coverage for every potentially liable party matters just as much as the fault analysis itself. A Hackensack truck accident lawyer can help identify every applicable policy connected to a crash.

This liability framework can meaningfully change what a case is actually worth depending on how fault gets divided among the parties involved. If you were hurt in a truck accident in Hackensack, reach out to our office to go over the details of what happened.

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 101 days ago
 
 
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 110 days ago
 
 
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 116 days ago
 
 
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 152 days ago
 
 
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 159 days ago
 
 
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 162 days ago
 
 
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