Car accidents in New Jersey can be confusing, especially when it is unclear who is responsible. Understanding how fault is determined can affect your ability to recover compensation for medical bills, lost wages, and other damages. Whether your injuries are minor or serious, knowing the process and steps you can take after a crash is important.
Why Fault Matters in a Car Accident
Even though New Jersey has a no-fault insurance system, which covers medical expenses regardless of who caused the crash, determining fault still matters. Fault plays a role when pursuing claims for serious injuries, property damage, and pain and suffering. Insurance companies often want to minimize payouts and may try to assign blame to another driver. This makes it important to gather evidence and document your version of events carefully.
If you have a basic insurance policy, your right to sue for non-economic damages is limited. Only serious injuries such as loss of a body part, displaced fractures, significant scarring, permanent injuries, or death allow for a lawsuit. Standard policies give you the option to choose an unlimited right to sue. The more serious the injuries, the more likely you can recover full compensation.
New Jersey uses a modified comparative fault system. If you are more than 50 percent at fault, you cannot recover any damages. If you are less than 50 percent at fault, your compensation is reduced based on your share of the blame. For example, if you are 20 percent at fault, your recovery is reduced by 20 percent.
Steps to Take After a Car Accident
After a crash, acting quickly can make a big difference in proving fault. First, stay at the scene and call the police. Never leave before reporting the accident and collecting contact information for all involved parties. A police report is one of the most important pieces of evidence because it documents the facts of the crash and may note any citations or suspected violations.
Exchange insurance and contact information with the other driver, and gather information from any witnesses. Take photos of the scene, vehicles, visible injuries, skid marks, traffic signs, and road conditions. Dashcam or surveillance footage can also provide clear evidence. Seek medical attention even if you feel fine, as some injuries may not appear immediately. Notify your insurance company but stick to the facts without admitting fault.
Writing down your own account of the accident while the details are fresh can help your case. This information, combined with evidence, helps attorneys build a strong claim and protects your rights.
How Fault Is Determined
Determining fault involves reviewing all the evidence and understanding the actions of everyone involved. Insurance companies may argue their driver was not at fault or blame the other party. Lawyers often conduct independent investigations to uncover the facts. This can include reviewing photos, police reports, eyewitness statements, camera footage, black box data, and medical records. Accident reconstruction experts can analyze the scene and provide reports that show how the crash occurred.
Negligence per se is a legal concept in New Jersey that automatically assigns fault to a driver who violated a law, such as speeding or driving under the influence. Other parties may also be responsible, such as vehicle manufacturers, mechanics who performed poor repairs, or government agencies that did not maintain roads properly. Proper evidence collection is essential to show all liable parties.
Evidence That Supports Your Case
The stronger your evidence, the easier it is to show fault or prove you were not at fault. Essential evidence includes photos and videos of the scene, police reports, witness statements, medical records, and dashcam footage. Eyewitness testimony can confirm key facts, such as which driver ran a red light or failed to yield. Medical documentation helps show the severity of injuries and whether they meet the threshold for lawsuits under New Jersey law.
Types of Damages You Can Recover
If another party is found at fault, you may recover different types of damages. Medical expenses cover hospital visits, surgeries, rehabilitation, and ongoing care. Lost wages include both current and future income you are unable to earn because of your injuries. Pain and suffering compensation covers physical discomfort and emotional distress. Property damage includes repairs or replacement of your vehicle and other personal property. Understanding these categories ensures you receive fair compensation for your losses.
Why Legal Help Matters
Insurance companies may try to reduce your settlement or assign blame to protect their financial interests. Working with an experienced attorney increases your chances of proving fault and obtaining full compensation. Attorneys can gather evidence, speak with witnesses, consult experts, and represent your interests in negotiations or court. They can also explain complex legal rules like comparative fault, no-fault insurance, and the limits of suing under different policy types.
According to the New Jersey Department of Transportation, there were over 276,000 motor vehicle crashes in 2022, with nearly 60,000 resulting in injuries. With such high numbers, handling a claim without professional guidance can risk leaving compensation on the table.
Protect Your Rights Today
Determining fault in a New Jersey car accident affects how much compensation you can receive. Collecting evidence, documenting the crash, and seeking medical attention immediately helps strengthen your case. Working with an attorney ensures that your story is heard and that insurance companies cannot take advantage of the situation. Call (732) 229-3200 to schedule a free consultation and get guidance on protecting your rights after a car accident.