Who’s at Fault for an Accident FAQ
If you were injured due to someone’s negligence or are unsure whose fault it is, you may have questions about fault. When you open a personal injury case, knowing who the faulty party is is crucial to properly filing a lawsuit, gathering evidence, and getting yourself an optimal claim settlement. Although there are many questions out there, we have noted four of the most common FAQs in regards to personal injury cases in New Jersey. We list them and their answers below.
What is the Definition of Negligence?
Negligence is a legal term defined as the “failure to use reasonable care, resulting in damage or injury to another”. It is important to understand that just because someone wasn’t aware of an issue or not purposefully doing something wrong does not free them from fault. Under New Jersey state law, you are required to be responsible to a level of a normal, average, and reasonable human being. Legally, this reasonable concept is defined as ““the degree of caution and concern for the safety of the self and others an ordinarily prudent and rational person would use in the same circumstances”. When one’s actions or lack thereof result in the harm of the other, they are often liable to cover for the harm they have caused.
How Do I Prove Fault for my Personal Injury Accident Case?
Whether you are trying to prove this to an insurance company or a judge in court, providing evidence of the negligent act and how the person was at fault is crucial. At a lower level with the insurance companies, however, you can often be more informal and negotiate and discuss the details and give common sense reasoning and logic. Usually you can get a settlement amount from that. However, if you don’t get the offer you want, which can happen often, getting an attorney involved and gathering more solid evidence such as pictures, witness testimony, medical journaling, etc., can be a big help in proving fault.
Will I Receive Compensation in Situations Where I Am Partially to Blame?
Yes you can still receive compensation. In court or with an insurance company, once the details are hashed out, fault is dished out numerically in a percentage. For instance if you were making an illegal right turn on red and were struck by someone who was driving knowingly severely fatigued and going 30 over the speed limit there may be a fault of 20% for yourself and 80% for the other party. Thus, you would only get to have 80% of the determined compensation. This legal strategy is known as comparative negligence.
If My Previous Medical Conditions or Physical Limitations Made the Accident More Likely to Occur, Can I Still Receive Compensation?
Just because you might have a medical issue that makes you more susceptible to an accident does not bar you from deserved compensation in most cases. If someone was still negligent and it could have harmed even a medically healthy individual, then there is no surprise it hurt you as well. You will still get compensation as long as there was actual negligence involved. If you tripped on a stairwell without a secure railing that is on them. If you tripped on a stairwell perfectly maintained and with secure railing due to poor eyesight, that is on you.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to an accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Brown Law represent clients injured because of a car accident, truck accident, and construction accident in Hammonton, Egg Harbor, Somers Point, Ventnor City, and throughout New Jersey. Call (609) 344-8270 or email us to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Ave # 201, Atlantic City, NJ 08401.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.