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How do you prove fault for a car accident?

On Behalf of | Feb 3, 2023 | Blog, Car Accidents

A car accident is one of the most traumatic events that could ever happen to a New Jersey resident. If it happens to you and you suffer injuries, you might want to file a personal injury lawsuit. This is how to prove fault and liability.

Establishing liability for a car accident

After a car accident, fault must be established so that you know the liable party when filing a legal claim. Fault is established based on negligence, recklessness or intentional actions. Some things that can cause an accident include speeding, tailgating, ignoring traffic signs and signals, distracted driving, driving under the influence of alcohol or drugs or road rage.

In some cases, more than one party might be at fault for a car accident. If you are found to be partly responsible, New Jersey’s comparative negligence laws apply. This means that you are still able to sue the other driver for your damages, but the percentage you’re found to be liable is deducted from the amount you ultimately are awarded.

Evidence can help show that a driver is liable for a car accident. Medical records, medical bills, police reports, photos of the accident scene, traffic citations and witness reports are all examples of strong evidence that might help your claim. If you file your claim with your auto insurance company, adjusters may want to investigate the accident to ensure how it occurred.

No-fault laws

New Jersey is a no-fault state, which means that drivers are required to obtain personal injury protection coverage as part of their auto insurance policy. This is meant to compensate you for any damages incurred from accidents. However, if your coverage isn’t enough to pay for all your damages, you could file a personal injury lawsuit against the responsible party.

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