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New Jersey

Personal Injury Attorneys

How is fault established in a rear-end condition?

On Behalf of | Oct 23, 2023 | Motor Vehicle Accidents |

Car accidents come in a variety of forms. One of these is rear-end collisions. If you are involved in a rear-end crash that is not your fault, you may pursue the responsible party for the resulting economic and non-economic damages.

To litigate your claim, however, you must prove that the other party acted negligently and is, thus, to blame for the rear-end crash in question.

So, how do you prove fault in a rear-end crash?

Like other car accident claims, rear-end crashes generally boil down to negligence. Thus, to prove your claim, you must demonstrate that the defendant failed in their duty of care to you and that this resulted in the rear-end crash. Take note that New Jersey is a modified comparative negligence state. This means that you may recover damages following a rear-end collision as long as your contribution to the rear-end collision in question is not greater than the defendant’s.

That said, here are two questions that can help you build a case against the other party following a rear-end collision:

Were they following too closely? – Part of motorists’ duty of care to other road users involves keeping safe distances between the vehicles. This ensures that, in the event of an emergency, they will have adequate room to maneuver and avoid a collision. If the defendant was aggressively following you, then they may be to blame for the accident.

Were they distracted? – Driving requires a great deal of situational awareness. If a driver is distracted by a cell phone or food, they might take their eyes off the road and hit the vehicle in front.

If you are involved in a rear-end collision that is not your fault, you deserve justice. Understanding New Jersey car accident laws can help you preserve your rights while taking the liable party to task following a rear-end collision.