Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

How can you prove negligence in New Jersey?

After you've been in a car or truck accident in New Jersey, you may decide to pursue a case to seek compensation from the person at fault, especially if a loved one was killed in the accident. While you may know that you weren't the one responsible for the accident, you do still need to be able to prove that the other person was the one responsible. Essentially, you need to prove he or she was negligent.

Proving negligence isn't necessarily difficult, but you do need to have your evidence in line. You need to show that the person had a legal duty to perform in a certain way. In an accident, that person had a legal obligation to drive safely on the road.

Next, you'll need to show that the person did something that breached that duty in some way. Texting on a cellphone, not paying attention to the road or taking their hands off the wheel may all indicate this kind of breach of care.

Following this, you need to show that the person's inattention or actions caused the accident you were in. Did they run a red light? Did they blow through a stop sign? These actions could cause accidents, so they would be acceptable for causation.

Finally, you'll need to show how you or someone you were with was injured due to the other party's actions. When you can prove that, you can show that the negligence claim you're making is not only legal, but sound and supported by evidence. If you can prove that all you say is true, then you may be able to win your case and get compensated.

Source: FindLaw, "Proving Fault: What is Negligence?" accessed Mar. 24, 2015

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