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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What Our Clients Are Saying About Us!
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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.
Unfortunately, our experience with this law firm was extremely disappointing and very different from the impression we initially had after seeing so many positive Google reviews and such a high rating.
We contacted this firm because my wife was involved in a car accident, and we were hoping to find a reliable, professional, and compassionate legal team that could guide us during a very stressful and difficult situation. We completely understand that not every law firm can accept every case, and we would have respected a decision not to represent us. The problem was not simply that the case was not taken — it was the way the entire situation was handled.
My wife spoke with a legal assistant named Ms. España, and the conversation left her feeling scared, uncomfortable, and even more distressed than she already was because of the accident. In our experience, the communication was unnecessarily harsh, aggressive, and lacking empathy. Instead of calmly explaining why the firm could not proceed, giving professional guidance, or suggesting possible next steps, the conversation made my wife feel as though she had done something seriously wrong.
At one point, the way certain issues were presented made her feel almost as if she felt treated in a very bad way Whether that was the intention or not, that is how the conversation came across to her, and I believe professionals working with accident victims should be very careful about how they communicate serious legal concerns.
People contacting a personal injury law firm are often already dealing with physical injuries, emotional stress, financial uncertainty, insurance problems, transportation issues, and fear about what will happen next. A legal assistant is often one of the first people a potential client speaks with, and that person should understand how important professionalism, patience, empathy, and respectful communication are.
What made this experience even worse is that we were specifically told that a release/disengagement letter as well as the digital copy of the file would be sent regarding the case. That letter never arrived as promised.
This has become a serious problem because other attorneys we have contacted have indicated that they need confirmation that the previous firm is no longer representing or involved in the matter before they can properly move forward with reviewing or handling the case. Because we still have not received the promised documentation, we feel that our ability to move forward and obtain new representation has been unnecessarily complicated and delayed.
When a law firm tells a client that an important document will be provided, especially a document that may affect their ability to retain another attorney, that commitment should be taken seriously.
We were never expecting this firm to guarantee an outcome, accept a case they did not want, or tell us only what we wanted to hear. We simply expected clear legal communication, professional treatment, basic compassion, and the documentation that was promised.
The most disappointing part is that we contacted this company specifically because its Google reviews created the impression that it was a highly reliable and professional organization. We truly believed we were reaching out to a firm that would treat accident victims with dignity and provide responsible guidance, even if they ultimately decided not to take the case.
Unfortunately, our personal experience did not reflect that expectation.
I sincerely hope management reviews how prospective clients are treated by intake staff and legal assistants, how sensitive legal information is communicated to people who are already under significant stress, and how disengagement or release documentation is handled when representation ends or a case is declined.
A law firm does not have to accept every case, but every person who contacts the firm deserves to be treated respectfully and professionally.
Based on our experience, better communication, more empathy, and stronger follow-through would have made a significant difference.
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.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
Thank you so much for your help.
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
Thank you again
Angela Selby








