How Liability is Determined For Car Accidents in New Jersey
Car accidents are never fun, and neither is filing an accident report or an insurance claim. Unfortunately, these are routine parts of the accident process, and when one of the involved parties denies fault or when fault itself is not so obvious to determine, this process can get a lot more complicated. It helps during this time to have a professional car accident lawyer on your side to deal with these complicated legal questions and get you the compensation you deserve.
The attorneys at Peter Davis & Associates have been representing accident victims for years, and we know exactly what to look out for when determining fault under tricky circumstances.
Who Caused the Accident?
For some car accident types, determining fault is pretty straightforward. For example, if you have been involved in a left-turn collision or a rear-end, figuring out the responsible party tends to be easy enough. Beyond those few examples, however, determining the negligent driver gets a little murky. In these cases, the court assigns comparative or contributory negligence.
What is Comparative Negligence?
Comparative negligence is a system that allocates faults among the parties involved. Used in most states, comparative negligence allows a defendant to claim that the plaintiff was partially at fault for the accident. For example, if the plaintiff was speeding, the defendant can successfully claim that the plaintiff is at least partially responsible for the ensuing crash.
Different states adopt different forms of comparative negligence, which are outlined below.
Pure Comparative Negligence
An accident victim can receive at least partial compensation for injuries despite their own negligence. This remains the case even if the degree of fault is higher than the defendant’s.
Modified Comparative Negligence
The compensation an accident victim can receive is limited if the victim’s degree of fault exceeds the defendant’s.
What Is Contributory Negligence?
Contributory negligence means that a defendant may be able to avoid fault altogether if he or she can prove that the accident was due to the negligence of the victims themselves. In effect, contributory negligence prevents a negligent accident victim from receiving any form of compensation. As such, contributory negligence can be a harsh system, since it only takes the slightest amount of negligence to keep a victim from the compensation they may need.
There are only a few states that still use contributory negligence.
Discuss Your Case with a Car Accident Lawyer Today
When one party in a car accident denies fault, the consequences can be extreme depending on where you live and the quality of your legal representation. However, that does not mean the process needs to be overwhelming.
The attorneys at Peter Davis & Associates are very well versed in dealing with all kinds of personal injury cases, and if you need a car accident lawyer, you have come to the right place. We know how to work around issues of both comparative and contributory negligence, and by bringing your case to us, we will be able to brainstorm different legal options that can help get you the benefits you deserve.
Contact one of our representatives directly to learn more.
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I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
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I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
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In 2023 I was involved in a T bone accident, the injuries was severe and I knew I'll need an experienced Injury law firm to take the case and to help me get the best outcome.
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The staff at the Law offices of Peter N Davis and Associates are experienced who have empathy and passion. They have a very good work ethics from the phone operators, Case management, Paralegals, Case lawyers and all.
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