Following a car accident, those involved usually begin trying to assign blame to the other driver. While New Jersey follows a no-fault insurance system, if a personal injury claim is an option, the at-fault driver may be liable for damages to the injured party.

This means all expenses related to the NJ car accident, such as repair costs, medical expenses, and even pain and suffering can be recovered from the at-fault driver and their insurance company. However, you and your lawyer must be able to show proof that you were the victim and were not at fault.

Still, it's important to demonstrate that the other driver was at fault in any accident, no matter how minor or serious.

Speak with a NJ car accident lawyer if you are unclear who is at fault and if you have the option to file a personal injury claim. Brandon J. Broderick, Attorney at Law has been handling such claims for decades. Call us today for help.

How Fault Is Assigned in a NJ Car Accident

When an auto accident occurs, the driver who is at fault is determined by police using predetermined formulas and specific laws. If a driver causes an accident while turning left or rear-ends someone is always considered at fault.

Determining fault in an accident that does not include a rear-end collision or someone turning left can be challenging. To identify the driver who is at fault, police will gather as much information and evidence as they can, including accident scene photos, documenting damage to the vehicle and interviewing all parties involved.

All information will be compiled for an official police report, which the insurance companies will use to assess fault.

Accused of Being At-Fault Driver Incorrectly

Insurance companies sometimes pursue people and attempt to hold them responsible for accidents they did not cause. In these cases, you will have to provide evidence to refute any false accusations of being the at-fault driver, even if it's made by the police or an insurance company.

You can prove you were not at fault in the following ways:

Traffic Violations

It is easy to prove the other driver's negligence caused the collision if they violated any traffic laws. The most common violation is speeding, but could also include running a red light, failing to yield, and driving without functioning tail lights.

Photographs

After making sure everyone is okay, take photos of the scene of the accident, any debris on the road, and all vehicles involved in the collision. You can use these images to establish your innocence.

Never Communicate With The Insurance Company

Following an accident, your adrenaline is going and you may not be thinking straight. Because of this, you should be careful not to talk with the other driver's insurance company. They may attempt to persuade you to acknowledge fault or that you took actions that have contributed to the accident.

Car Accident Negligence in New Jersey

If the other driver in a New Jersey car accident caused you serious injuries and their actions were negligent, you may be able to pursue a lawsuit against the at-fault driver.

Negligence when driving include:

• Drunk driving
• Drugged driving
• Speeding
• Not yielding to the right of way
• Breaking traffic laws
• Drowsy driving

NJ Car Accident Lawyers Are Here For You

The legal team at Brandon J. Broderick, Attorney at Law can help you with your NJ car accident, especially when you've been wrongly accused of being at fault.

If you don't have an experienced lawyer, the insurer can make you an extremely low offer that doesn't even cover your losses or deny your claim altogether.

Please contact us immediately to schedule a free case consultation.