Our Family Has Given A Voice To The Injured For Over 50 Combined Years

How to Prove Fault in a New Jersey Car Accident

How to Prove Fault in a New Jersey Car Accident

Car accidents can be devastating, resulting in physical injuries, emotional trauma, and financial burdens. One of the critical aspects of handling the aftermath of a car accident in New Jersey is determining fault. Proving fault is essential for securing compensation for damages and injuries. The experienced attorneys at Goldstein & Goldstein are here to guide you through proving fault in a car accident, ensuring you understand your rights and the steps needed to build a strong case.

Understanding Fault in New Jersey Car Accidents

New Jersey follows a “modified comparative negligence” rule, meaning that a party can recover damages if they are not more than 50% at fault for the accident. However, their compensation will be reduced by their percentage of fault. Therefore, proving fault is crucial in maximizing your compensation.

Steps to Prove Fault in a Car Accident

Gather Evidence at the Scene

Immediately after the accident, gather evidence at the scene if you are physically able. This includes:

  • Photos and Videos: Take clear photos and videos of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries.
  • Witness Information: Collect contact information from any witnesses. Their testimonies can be invaluable in establishing what happened.
  • Police Report: Call the police and ensure an accident report is filed. This report often includes the officer’s assessment of fault, which can be critical evidence.

Seek Medical Attention

Even if you feel fine, seeking medical attention immediately after an accident is essential. Some injuries may not be apparent right away. Medical records serve as evidence of your injuries and can help establish the extent of damages.

Document Everything

Keep a detailed record of everything related to the accident:

  • Medical Records: Document all treatments, medications, and follow-up appointments.
  • Repair Bills: Keep all receipts and estimates for vehicle repairs.
  • Lost Wages: Record any time off work due to the accident and obtain a statement from your employer.

Consult With a Lawyer

An experienced car accident attorney, like those at Goldstein & Goldstein, can provide invaluable assistance. They can help gather evidence, consult experts, and build compelling cases to prove fault.

Key Evidence to Prove Fault

  • Police Reports: Police reports are often one of the most crucial pieces of evidence in proving fault. They contain the officer’s observations, statements from involved parties and witnesses, and sometimes a preliminary assessment of who was at fault.
  • Traffic Laws and Violations: Demonstrating that the other driver violated traffic laws can significantly strengthen your case. Common violations include speeding, running a red light, and failing to yield. An attorney can help identify relevant traffic laws and how they apply to your accident.
  • Witness Testimonies: Witnesses can provide an unbiased account of the accident. Their testimonies can corroborate your version of events and help establish the other party’s fault.
  • Expert Testimonies: In complex cases, expert testimonies can be pivotal. Reconstruction experts can analyze the scene and vehicles to determine how the accident occurred. Medical experts can testify to the severity and cause of your injuries.
  • Surveillance Footage: In some cases, nearby businesses or traffic cameras may have captured the accident. Your attorney can help obtain and review this footage, which can provide clear evidence of fault.

How Goldstein & Goldstein Can Help

Navigating the aftermath of a car accident and proving fault can be complex and overwhelming. The dedicated attorneys at Goldstein & Goldstein are committed to helping you every step of the way. Here’s how they can assist:

  • Thorough Investigation: The team will comprehensively investigate the accident, gathering all necessary evidence to build a strong case.
  • Negotiation with Insurance Companies: Dealing with insurance companies can be challenging. The attorneys at Goldstein & Goldstein will handle all communications, negotiations, and, if necessary, litigation to ensure you receive fair compensation.
  • Personalized Legal Strategy: Every case is unique. The firm will develop a personalized legal strategy tailored to your circumstances and needs.

Our Essex County Car Accident Lawyers at Goldstein & Goldstein Help Protect the Rights of All Car Accident Victims

Proving fault in a car accident is crucial for securing the compensation you deserve. By working with our experienced Essex County car accident lawyers at Goldstein & Goldstein, you can confidently build a strong case. If you have been involved in a car accident, call 973-675-8277 or contact us online to schedule a free consultation. Located in East Orange, New Jersey, we serve clients in the surrounding areas.