How Do I Prove Fault in a NJ Car Accident?

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When you are involved in a car accident, the determination of fault will play an important role in your ability to recover full and fair compensation. As such, it’s crucial to understand the steps that you can take after a crash that can help with this determination. Please continue reading to learn how fault is determined in a car accident and how a determined Morris County Car Accident Attorney can help you navigate your legal options. 

How is Car Accident Fault Determined & Why is it Important?

If you have been involved in a car accident, liability may be disputed. However, establishing fault is crucial as it determines who can be held financially responsible for the resulting damages of a collision. Insurance may cover some of the related costs, but the at-fault party will typically be liable for covering the remaining expenses of repairs, medical bills, and other losses incurred.

Comparative negligence is a legal principle that determines the degree of fault each party has in an accident and how that fault affects compensation. It’s important to understand that under New Jersey’s modified comparative negligence law, an injured party can recover damages if they are found to be no more than 50% at fault for an accident. However, the amount of compensation that can be awarded will be reduced in proportion to the percentage of fault they share for the accident. Therefore, proving fault is essential to ensure you receive the full and fair compensation to which you are entitled.

What Evidence Should I Collect?

To establish that the other driver was negligent, you must show they breached their duty of care through their careless or intentional actions. In the immediate aftermath of the accident, you should contact emergency services. Not only will this ensure you receive the medical attention you require, but it will document the accident. The police will conduct a preliminary investigation when they arrive on the scene. They will document details about the crash and potential contributing factors.

If circumstances permit, you should capture as many photos and videos of the accident scene. This will provide necessary visuals of the accident, making it easier to establish how the accident happened and its results. It can also help with accident reconstruction.

Furthermore, if any bystanders witnessed the accident, you should gather their contact information and obtain written statements detailing what they observed. Witnesses can help corroborate your claim as they have no vested interest in the outcome of your case. They can provide firsthand accounts that can support your version of events.

As you can see, establishing fault in a car accident can be difficult. That’s why connecting with a seasoned attorney is in your best interest, as they can help you collect evidence and build a strong case. At Lutz Injury Law, we are prepared to help you fight for the compensation you deserve and need to get your life back on track. Connect with our firm today to learn how we can advocate for your rights and safeguard your interests.

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