New Jersey has some of the busiest highways in the nation and this means a high number of car accidents. When you are injured in a car accident caused by someone else, you may want to hold the other driver accountable for their actions.
This is done through a personal injury claim. A personal injury claim is based on the legal theory of negligence.
You must prove negligence to recover damages. Your damages can include compensation for medical bills, lost wages and pain and suffering.
The elements of negligence
All drivers have a legal duty to drive safely and with reasonable care. Proving negligence requires showing that the other driver breached this duty and this breach caused your accident.
The final step in proving negligence requires proving damages. For example, if you request compensation for your medical expenses of $5,000, you must provide documentation such as medical bills or statements totaling $5,000.
Proving negligence in a car accident case is usually challenging due to the nature of car accidents. There are often questions about whose fault the accident was. Sometimes an accident involves fault on the part of both drivers.
You might assert that the other driver was distracted and crashed into you, but they could claim that you were speeding and could have avoided the accident if you were driving at the speed limit.
New Jersey’s comparative negligence law
This is where New Jersey’s comparative negligence law comes into play. The modified comparative negligence law means that if you are found to be more than 50% at fault for the accident, you cannot recover any damages.
This makes it extremely important to have the strongest possible evidence to prove the other driver’s negligence. The other driver is likely to defend themselves by claiming you were negligent and trying to show that your negligence was greater than theirs.
Additionally, even if you are less than 50% at fault, the damages you recover are reduced based on your percentage of fault.