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Determining Fault in a Car Accident

On Behalf of | Mar 5, 2018 | Auto Accidents |

There are thousands of car accidents throughout the United States every day. Some of these are minor fender benders, whereas others are serious and result in fatalities. After a motor vehicle accident, at-fault drivers may try to avoid liability for the harm they have caused. In many cases, it can be difficult to prove fault in a car accident. However, with the assistance and guidance of an experienced personal injury attorney, proving fault is much more likely.

New Jersey is one of several states that has adopted a “no fault” model for certain types of motor vehicle accidents. For relatively minor accidents, each driver’s own insurance covers his or her injuries—regardless of who was actually at fault for the wreck. Therefore, if you are rear-ended and suffer minor injuries, your own insurance coverage kicks in and covers your hospital bills. New Jersey enacted such a rule to prevent the court dockets from becoming backlogged with thousands of auto accident claims. A no fault model also allows injured individuals to obtain funds more quickly.

However, if the accident resulted in death, dismemberment, significant disfigurement or scarring, a permanent injury, the loss of a fetus, or a displaced fracture, it is possible to file a personal injury claim against the at-fault driver to recover damages. Of course, this requires proving fault.

There are a number of ways fault may be established in a motor vehicle accident.

First, the accident report must be examined. The accident report includes information about the weather, the location of the accident, and any other evidence the responding officer observed. Details in the accident report may hint at which driver is allegedly at fault for the accident.

In addition, photographs of the accident scene may be used to establish fault. Often, the damage to a motor vehicle is telling. Further, photographs may reveal traffic signals that may have been disregarded, the presence of a construction zone, speed limit signs, and other information about the site of the accident. Video surveillance footage from local businesses, traffic cameras, and even dash cams is also helpful.

Engineering experts may also be hired to study the scene of an accident. The science of studying a motor vehicle accident to determine what caused the accident is called accident reconstruction. Trained individuals study skid marks, the condition of the road, the condition of the vehicles, and other factors to determine the speed a vehicle may have been traveling, when brakes were applied, and other important details.

Eyewitness statements are also a valuable resource in motor vehicle accident claims. Eyewitnesses may be able to provide important details, such as whether a light was green, if a driver appeared to be distracted, or if a car appeared to be speeding.

These types of evidence help personal injury attorneys argue who was at fault in a motor vehicle accident. With strong evidence, it is more likely that accident victims recover damages for their injuries.

Our New Jersey car accident attorneys are on your side

If you were involved in a car accident, you may be entitled to damages under New Jersey law. At Lomurro Law, our accident attorneys have the experience necessary to obtain the maximum compensation available on your behalf. To schedule your free consultation, call 732-482-9285 or contact us online.