How Do I Prove Fault in a Car Accident?
Posted March 13th, 2025.
Categories: Blog.
Establishing the liable party in a car crash is essential to ensure that justice is served and the victims can be compensated accordingly. If you were injured in a car accident you must understand how you can prove fault and what your obligations are. Work with a Cherry Hill personal injury attorney for skilled representation and legal advice during your case.
Why is Fault Important in a Car Accident Case?
Fault is one of the most important factors in any accident case. The concept of fault or liability determines who is legally responsible for the damages caused during the accident. The party found to be at fault will be liable for paying for medical expenses, vehicle repairs, lost wages, other economic losses, and noneconomic damages like pain and suffering.
Under New Jersey’s modified comparative negligence laws, if you are more than 50% at fault for the accident, you are not eligible to recover damages and compensation. If your fault is greater than the other party’s you will be responsible for covering the costs associated with the crash.
Even if you are able to recover compensation, the amount you are eligible for is reduced by the percentage of liability you have in the accident. For example, if you are found 20% responsible for the accident and you have $100,000 worth of damages, you are only eligible to recover $80,000. Determining fault is crucial as it impacts your potential compensation.
How Do I Prove Fault in a Car Accident?
Proving fault in a car accident involves several steps and various information. It is important that you avoid admitting fault at the scene of the accident. It is easy to say something incriminating on accident by apologizing to the other driver or saying something like “I didn’t see you.” Avoid these statements to ensure you do not incriminate yourself.
The most compelling way to prove fault is by collecting evidence. Document the scene of the accident by taking pictures of the vehicles and damage, road conditions, skid marks, traffic signs, weather conditions, etc. Obtain a copy of the police report and speak with any witnesses. Dashcam footage, surveillance videos, and more can all offer additional information and perspectives on the crash.
Using all relevant information, establish negligence or recklessness. You must prove that the other driver breached their implied duty of care to other road users by acting negligently or recklessly. Examples of this can include speeding, texting while driving, drunk or high driving, running a red light, etc.
Working with an attorney is paramount in proving the fault of the other driver. Your lawyer will understand the legal process and requirements and help you navigate the complexities of the law, ensuring your rights are protected. They will help build and present your case to ensure fault is proven and you can recover the compensation you deserve. Reach out to a skilled attorney for more information today.
