Richard A. Stoloff
May
27
2019

Determining Fault After a New Jersey Car Accident

Car Accidents and Fault

If you are injured in a car crash, it can sometimes be difficult to determine who the party at fault is. Sometimes, the party that caused the actual accident may not be party that is legally at fault for the damages. Deciding who is fault determines which insurance policy will cover the damage to the vehicles involved as well as any bodily injuries. This is often a complicated process but will play an important role in your ability to recover full compensation. Here is a short guide to determining fault after a car accident in New Jersey.

Traffic Laws and Car Accidents

Violating a traffic law is one way to determine fault after an accident. If the driver is speeding, making an illegal turn, driving while drunk, running a red light, or breaking any other traffic law, that driver will often bear the primary responsibility for the accident. In these cases you can expect that driver’s insurance company to pay more of the damages. However, accidents aren’t always that simple. Sometime’s one driver’s actions cause a chain reaction. If someone pulls in front of another car too quickly and they need to slam on their breaks, you may not have enough time to react before rear-ending them. You may be at fault for rear-ending the car if you were following too closely, even though the primary cause was someone else’s negligence. The specific laws and circumstances of each accident need to be carefully examined.

What Do I Do After An Accident?

If you are in a car crash, first make sure that everyone in vehicles don’t need immediate medical attention. Then you might want to call the police (depending on the severity of the crash and the number of cars involved) to write a report and help direct traffic. Take pictures of the accident site, including any damage to your vehicle, to help give a full picture to the various insurance companies when they investigate who is at fault. If there are any witnesses, you may want to take names and numbers in case there are disputes about who is at fault. Get copies of police reports and insurance admissions in the event that you need to file a personal injury suit.

Contacting an Attorney

If you feel that you aren’t going to receive fair compensation for your injuries from the other parties, you may want to bring a personal injury lawsuit against them. If so, seeking an experienced attorney is your first step. At the end of the day fault is usually determined by combining driver admissions, police statements, witness statements, and other factors. It is then up to a judge or jury to wade through the evidence and assign fault to the various parties involved in the accidents. Because these cases can get complicated so quickly, if you have any doubts as to who is at fault or how much you should receive in damages, it is imperative that you get the help of an attorney to help you through the process.

Contact a Linwood Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey Today!

Did you or a loved one sustain catastrophic injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The Law Offices of Richard A. Stoloff represents clients injured due to motor vehicle accidents throughout New Jersey. Call 609-601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08221, as well as an office at 500 JFK Blvd, Suite 520, Philadelphia, PA 19102.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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