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Determining Fault in Auto Accidents
When an auto accident occurs in New Jersey, many questions arise regarding fault and liability. Learn more about how fault is determined and how it may affect your ability to receive compensation.
December 30, 2011 /Law Enforcement PR News/ -- When an auto accident occurs, many questions arise regarding fault and liability.
Fault, in a legal sense, stems from a breach of a person's duty to use reasonable care in operating their motor vehicle. Essentially, if a driver was negligent (in other words, he or she failed to use reasonable care) while behind the wheel, they would be liable for the damages suffered in an accident.
Different levels of fault are recognized at common law, which include:
Negligence - Failing to do something, such as not yielding a right-of-way or texting while driving
Reckless or wanton conduct - A willful disregard for whether harm may result or a disregard for the safety and welfare of others, such as drunk driving.
Intentional misconduct - Similar to reckless or wanton conduct, such as speeding away from the scene of a crime.
Strict liability - Instances where fault need not be proven, due to how dangerous the activity or the likelihood of injury. (transporting hazardous materials or operating a car with defective brakes)
While fault is rarely questioned in instances of reckless actions or intentional misconduct, determining fault where drivers are negligent may not be so clear cut. Many times both (or multiple) drivers are at fault in causing the accident. For example, a driver speeds through an intersection to beat a yellow light, and crashes into another driver sending text messages behind the wheel, and did not see the light change.
New Jersey follows a comparative negligence model in determining fault, where a driver may only recover money damages if his or her fault does not reach 51 percent. If a driver was 50 percent or less at fault, he or she may still recover damages. In essence, a driver may be partly responsible for the accident and still recover damages from the court.
If you have been involved in an accident, it is important to retain an attorney who can investigate all the facts surrounding the crash so that fault may be properly determined.
Article provided by Law Offices of Michael P. Burakoff PA
Visit us at www.burakofflaw.com
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