Been in a Wreck? What a Car Accident Lawyer in NJ Will Have to Prove for You to Receive Compensation.

by | May 16, 2013 | Lawyers

The majority of American drivers will be in a car wreck at some point in their lives, whether they are the driver or just a passenger in the vehicle. Everyone hopes that they will not be seriously injured, but occasionally these wrecks can involve serious injury or even a fatality. When you have been involved in an accident, you may find yourself in need of a Car Accident Lawyer NJ, but do you know what the lawyer will have to prove to help you win your case in court?

Negligence of the Other Driver
If it was truly a no-fault accident, or proclaimed that way by the officer called to the scene, you may find that it is difficult to win a case in court against the other driver. Your lawyer will have to be able to prove that the other driver was negligent or careless and therefore could have prevented your accident.

Existence of a Car Defect
If the other driver was not negligent or it was a one vehicle crash, you may need to prove that your car was defective in one way or another that directly contributed to the wreck. This doesn’t mean that you can sue a tire company because you ran over debris in the road and your tire busted, causing you to lose control over your vehicle. That would be an example of unavoidable natural causes and is not going to win you compensation in court and your Car Accident Lawyer NJ will probably advise you not to attempt to sue.

Unmarked Road Hazard
The Department of Motor Vehicles has a stringent list of requirements concerning the marking of roadway hazards and if one was not properly marked, you may be entitled to compensation. However, just because something happened on the road doesn’t automatically qualify, it must be the negligence involved. For example, if you are driving in a hilly countryside and wreck because a rock rolled off the hill, that is an uncontrollable event that you are not entitled to compensation for. If, however, you are involved in a car accident because the DMV jack-hammered the road and forgot to mark it with a sign, that may be grounds to take the case to court.

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