Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Proving negligence after your car accident

On Behalf of | Sep 8, 2022 | Car Accidents |

Being the victim of a car accident is a traumatizing experience, with both short and long-term costs. Along with treating any potentially serious injuries, you may be forced to miss work or suffer mental and emotional distress.

All these things can cause your financial situation to take a major hit. This is especially difficult when the car accident was not your fault.

If you are in this situation, you might consider filing a personal injury action. A successful personal injury claim could help you recover compensation for medical bills, lost wages and pain and suffering.

What is negligence?

Personal injury actions are based on negligence. Every driver has a legal duty to drive safely. Drivers who fail in that duty are negligent.

To win your personal injury claim, you must not only prove the other driver was negligent, but you must also prove they were more negligent than you.

Comparative negligence

The reason for this is that New Jersey uses a comparative negligence legal standard when determining fault after a car accident. This means that the amount of compensation you receive is based on how much fault is attributed to you versus the other driver.

Negligence is stated in percentages. For example, if you are deemed to be 20% negligent and the other driver 80% negligent, your total amount of compensation will be reduced by 20%. If your amount is negligence is determined to be over 50%, you cannot recover anything.

Types of evidence to show negligence

Therefore, it is vital to make a strong case that the other driver was negligent. There are many ways to do this. You can use witness statements from people who saw the accident, police reports or photos from the accident scene.

Gather and organize this documentation as soon as you can after your accident. Your medical reports and records are also strong pieces of evidence to use.

Each personal injury case is different and based on the specific facts surrounding the car accident. Having professional guidance when pursuing a claim can increase your chance of effectively proving negligence.