Many Ways to Prove Liability in a New Jersey Car AccidentNew Jersey Legal News
As you face the aftermath of a New Jersey car accident, there are many aspects that you will need to be able to show to be successful in a personal injury claim. If you believe that another party has acted in a negligent manner and caused your accident, one aspect will stand at the center of your personal injury claim: liability. If you can prove that another party was liable for your accident, it is likely that you will be able to successfully move forward toward the compensation you deserve.
How do you prove liability? Fortunately, there are several ways to do so, but they are not always as easy as you might think. Today, we want to focus on the many ways that you can prove liability and move forward with your claim against another party after a New Jersey car accident.
The Police Report in Your Car Accident Claim
Police are not called to the scene of every accident, especially those that are extremely minor and can be handled on your own. However, if you have been seriously injured, you have very obviously contacted the police and wonder how you will ask all the right questions so that you can retain your rights and prove liability with their help. The truth is, when an officer is issued to the scene of an accident, they will make what is known as a “police report,” which is extremely helpful when it comes to compensating for your injuries against a party later on down the road.
If a police officer has taken down a report following your accident, you must ask the officer about how you can obtain a copy of the police report so that you can use it in the midst of your personal injury claim. You might even be able to locate the station where your report was made and pick up a copy in person. Police reports are especially beneficial in proving liability due to the fact that they are a written recollection of what a police officer saw and heard when they arrived at the scene of a car accident and are an honest way to show that another party caused your injuries. They can contain evidence about many aspects of liability, including an officer’s opinion on an accident, speeding, skid mark placement, and whether or not tickets were issued at the scene.
One of the reasons why it is imperative to seek the police report as soon as possible is due to the fact that many insurance companies rely on that piece of information when they are making determinations about your case. Until it is in their hands, they might drag their feet and refuse to pay out because they need that last piece of evidence.
But what happens if there is a mistake in this essential piece of information that is known as the police report? Every so often, they might not list something correctly or leave out the most important facts even though you spoke one-on-one with an officer. If you believe that there is a factual error and you need a correction, you can actually amend the police report. There are many procedures that can lead to this process of adding your statement to the report, which is why you should speak with an attorney before you move forward.
Proving Liability Through State Traffic Laws
Another way that you can argue that another party is liable is by showing that traffic laws were broken by the other party, which means that you have to either be well-versed in these laws or have an attorney on your side who can successfully show this. If there were charges in your accident, it is even easier to show that a party has acted in a negligent manner. You will be able to find yourself in a better position for negotiations if you can show that the other party ran through a red light, drove well over the speed limit, or forgot to use their turn signal, leading to your accident. You want to ensure that you have chosen the right laws that apply to the case so that you can show the insurance company what you are facing.
Rear-End Accidents and How Liability Applies
Of course, there are some accidents where liability is even more easy to determine than any other types of accidents. This is the case when it comes to rear-end collisions, which happens when one vehicle hits another from behind. If you were struck from behind, it is almost never your fault and almost always the fault of the other involved party. This is due to the fact that drivers are never supposed to follow another driver closely. If you stop suddenly, there should be enough room that the other driver doesn’t strike your vehicle.
If the rear of your vehicle is damaged and the front-end of the other vehicle is damaged, this should be enough proof that the other party was following you too closely. This is why you should always have these aspects well-documented so that you can move forward with a claim.
Proving Liability in Your Car Accident with the Help of an Attorney
Even the most minor collision can result in serious injuries, which is why it is so important to be able to show that another party acted in a negligent manner. No matter what, you should never handle your claim alone and should always put it in the hands of a trusted attorney who can help you every step of the way. Our car accident attorneys at Brady, Brady & Reilly have handled many related cases and want to help you in the midst of your personal injury claim so that you can move forward. Please reach out to us for the help you deserve at this time at (201) 997-0030.