In many car accident cases, the defense will argue that the plaintiff was partially to blame for the crash in question. Their goal here is to trigger New Jersey’s comparative fault statute, which allows the jury to assign fault between the plaintiff and the defendant as they see fit. If the plaintiff is found partially to blame, then their compensatory recovery will be reduced by the percentage of fault allocated to them. Therefore, comparative fault can play a significant role in your personal injury case.
What should you do if you’ve been accused of contributing to your accident?
If you think you made a mistake that contributed to your wreck, or the defense is accusing you of acting negligently, it can be easy to throw your hands up in defeat. Don’t make that mistake. Instead, do the following:
- Analyze the defense’s evidence to see if there’s a way to attack its credibility and thus its reliability.
- Consider whether an expert could help you dispel the defense’s theory of the case.
- Gather as much evidence of your damages as possible.
- Don’t lose sight of the fact that you need to play offense in demonstrating how the defendant acted negligently.
- Avoid making any statements or creating any social media posts that could support the defense’s assertions.
- Adequately prepare yourself for your deposition.
We know it can be stressful to think about how the defense might attack you in your case, but with a little prep work and careful consideration of your legal strategy, you can increase your chances of diminishing the defense’s arguments and winning your case.
Build the aggressive personal injury case needed to protect your future
The outcome of your personal injury case can have a profound impact on your accident recovery and your future. That’s why you have to take a holistic approach to building and litigating your case. By doing so, you’ll hopefully maximize your chances of obtaining the outcome that you want and deserve.