Each car accident case is uniquely distinct and can become incredibly complicated to resolve. Car collisions due to driver negligence are one of the leading causes of severe and fatal injuries in Jersey City and throughout New Jersey.
If someone else’s carelessness or disregard for safety is the cause of your car collision, an experienced Jersey City car accident lawyer can explain your legal options and demand adequate compensation from your vehicle insurance company.
New Jersey Is a No-fault Insurance State
New Jersey law requires drivers in the state to carry a minimum amount of liability insurance. This liability insurance pays for vehicle repairs and treatment of injuries.
Under New Jersey's no-fault insurance rules, your insurance company will pay damages regardless of who caused the crash.
Once you file a claim with your insurance company, the company will assign your claim to an insurance claims adjuster. Insurance claims adjusters assign fault to the most negligent party or the party in greater violation of the New Jersey accident laws.
These trained professionals will review the facts relating to the accident. They will determine who was at fault as well as calculate the claim value and negotiate a settlement.
Role Of A Car Accident Lawyer In Determination Of Fault
Your insurer may try to limit your settlement by using several tactics, including shifting blame onto you, lowering the value of your claim, or delaying payments by asking for unnecessary documents. A seasoned car accident lawyer will present a solid case to your insurance companies and demand fair and just compensation for your injuries and damages. If the need arises, your lawyer will take the case to court for trial.
New Jersey laws rely on a modified comparative fault rule to determine liability in car accident cases. An individual found to be more than 50% liable for an accident cannot seek compensation for damages. Even if your accident case seems straightforward, your insurance company will try to bar you from recovering compensation by assigning more than fifty percent fault to you. Proving fault in car accidents is critical for accident victims seeking justice and compensation.
To prove fault, your lawyer will demonstrate that:
- The at-fault driver had a legal duty of care to avoid injuring you
- The driver breached the duty of care
- The breach of duty caused the accident
- The breach of duty was the cause of your injuries and losses (damages)
In most car accident cases, liability is disputed. Your lawyer will gather and organize compelling evidence that includes:
- A copy of the police report
- Photographs of your injuries and property damage
- Your medical records and treatment bills
- Eyewitness statements
- Video footage from any surveillance or security cameras
- At-fault driver's breath/blood/urine test results
- Dashcam footage
- At-fault driver's cell phone records
- Post-accident vehicle inspection reports
- Accident reconstruction expert reports
Contact A Jersey City Car Accident Lawyer
There is a genuine risk in not seeking expert legal representation for your car accident case. This blunder can cost you and your family significant losses. A Jersey City car accident lawyer can help build a robust case using precise and calculated steps. Contact a car accident attorney in Jersey City to schedule a free and confidential case evaluation.
Disclaimer: This post was provided by a guest contributor. Coherent Market Insights does not endorse any products or services mentioned unless explicitly stated.
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