To establish a claim against another driver for injuries, which occurred as a result of a motor vehicle accident, the plaintiff must establish that the driver of the other vehicle is liable for the injuries which occurred. Liability means establishing that the other party is at fault or is responsible for the harm caused.
Establishing that the other party was at fault in a car accident case is typically done by proving that the other party was negligent. In order to prove a negligence case, the plaintiff, or person who was injured, must demonstrate that the defendant owed the plaintiff a duty, breached that duty and as a result of that breach of duty, caused some type of harm.
Obviously drivers on the roadways have a duty to operate their vehicles in a safe manner. When a driver does not operate his or her vehicle in a safe manner, they breach their duty. If, as a result of this breach of duty, another individual is hurt, the individual may be able to recover monetary damages for their injuries. Often times, establishing a negligence case is fairly easy if the defendant rear-ended the plaintiff’s vehicle. Unless rare circumstances are present, the driver of a vehicle who runs into the back of another car, or rear-ends that car, will be the driver who was at fault in the motor vehicle accident. If that at fault accident caused some type of harm, the individual who was harmed, may be able to recover damages in a civil proceeding.
There are other limitations to filing personal injury car accident lawsuits in the state of New Jersey such as the statute known as the verbal threshold or limitation on lawsuit statute, however, establishing the liability or negligence of the other driver is always the first step in successfully prosecuting a motor vehicle accident case.
If you or someone you know has been injured in a car accident from a rear-end hit, call the New Jersey accident attorneys at our firm. Our personal injury accident attorneys represent individuals who have been hurt in a car accident in all New Jersey counties and cities including the counties of Monmouth and Middlesex as well as the cities of Red Bank and New Brunswick.
If you would like to speak with one of our personal injury attorneys call our office or click on the contact us tab. One of our lawyers will schedule a time to meet with you and discuss all of your legal options.