When people get into car accidents, one or both of the following result: (1) property damage to vehicles and (2) injury to one or more people involved. Because both outcomes typically require substantial amounts of money be doled out to fix or heal the harm caused, there are two benefits in establishing that the car accident was not your fault, but the fault of another. First, if you are found not to be at-fault, then you and your insurance carrier will not have to pay for the other peoples’ resultant property damage or medical bills that have accrued because of the accident. Second, if you are found not to be at-fault, you can hold the at-fault party financially responsible for the damage that results to your car as well as for payment of the medical bills you accrue because of the accident. Accordingly, ways in which you can prove that another party was responsible for a car accident in New Jersey include as follows:
Sometimes, because of the condition you are in after the crash, taking photographs of the scene is impossible. However, if you are able, snapping photographs of the scene may help to establish that another driver disobeyed traffic signals and laws and, consequently, caused the accident to occur. For this reason, you should not only take photographs of the vehicle damage and physical injuries you sustain, but you should also take photographs of the positioning of the vehicles post-accident, of all of the surrounding traffic signals that should have been observed in the area where the accident occurred, and of any skid marks the respective vehicles made or any debris the respective vehicles hit or created in the crash.
Use Police Reports
If a driver or passenger is injured in a car accident or a police officer simply sees an accident while out on patrol, the police officer will usually respond to the scene. In addition to determining whether the people involved in the crash are hurt and need medical attention, police officers will typically analyze the scene and talk to various witnesses, including both drivers and bystanders. Drawing from the facts learned of the accident from analysis of the scene and the statements of the witnesses, police officers will often generate an official police report of the accident. Sometimes, in the police report, the police officer will opine as to which driver was at-fault for the accident. Other times, however, the police report will just memorialize the pieces and sources of information the police officer used when responding to the accident. In either case, obtaining a copy of and using the police report will help to establish fault in a car accident. In the former scenario, the police report and testimony of the police officer that generated the report can help to prove that someone in particular was at-fault for the accident. In the latter scenario, the information contained therein may lead you to discover other evidence that points to someone else being responsible for causing the accident. This may be that drugs or alcohol were found in the other’s driver’s car at the time of the accident, that the other driver was intoxicated at the time of the accident, or that there was some unsafe condition on the other driver’s car that the driver was aware about and the condition caused the accident.
Obtain the Services of a Crash Reconstructionist Expert
If the car accident results in a personal injury lawsuit as opposed to a mere car insurance claim, acquiring the services of an expert crash reconstructionist may serve to persuade a jury or the judge, if the judge is the fact-finder, in finding that a person other than you was at-fault for the accident. The expert crash reconstructionist may analyze photographs taken at the scene, measure skid marks created at the scene, and talk to witnesses to determine what, if anything, caused the car accident. If the expert crash reconstructionist can show, for instance, that the skid marks created by the other driver’s car were so long that the other driver must have been speeding when the accident occurred, this finding in the form of testimony may persuade a fact finder to conclude that the driver who was speeding was responsible for the accident.
Contact a Clifton Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car 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 Silverman & Roedel, LLC represent clients injured because of car accidents in Clifton, Paterson, Wayne, East Orange, and throughout New Jersey. Call (973) 772-6411 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1187 Main Avenue, Suite 2C, Clifton, NJ 07011.
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.