New Jersey law allows auto insurance carriers to determine how much responsibility each party has for causing an accident. If you wish to seek full compensation for damages related to a collision, you may need to provide evidence that shows you did not contribute to it.
As noted by the Department of Banking and Insurance, a motorist who did not exercise sufficient caution to avoid a collision may have the greater degree of responsibility for your injuries. Assigning fault to another driver may occur, for example, with proof that he or she ran a red light or failed to slow down in a construction zone.
How do I gather proof or evidence?
Law enforcement officials may conduct an investigation of the accident to determine the facts. Traffic camera footage may become part of a detailed report that may serve as support for your claim. According to the American Bar Association, GPS data or a timestamp may prove that a motorist used a mobile device or cellphone when the accident occurred.
If you have footage from a dashboard camera or mobile device, you may introduce it to the court during the discovery process. The court may also interview eyewitnesses or question other victims. Their testimony may add more weight to your claim of how the other party contributed to causing the accident.
What happens if the insurance carrier determines I am partially at fault?
Because The Garden State follows the Comparative Negligence law, if the information provided determines you contributed 50% toward the cause of the accident, you may not receive compensation for more than 50% of your claim. You may require an aggressive legal action to accurately portray the greater percentage of the other party’s fault.