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NJ Rear-End Accidents-Who is at Fault?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

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Rear-end collisions and car accidents are common throughout New Jersey cities such as Southampton and Mt. Laurel. New Jersey law requires all drivers to maintain a safe following distance. There should be plenty of space between 2 cars traveling in the same direction. Drivers should not tailgate and follow too closely to the cars ahead. Drivers want to make sure that if cars ahead of them slow down or stop, they have the opportunity to slow and/or stop their cars as well to avoid collisions.

Drivers should stay a car length or 20 feet back from the car ahead of them. Since most people have trouble judging distance, a good general rule of thumb is the 3 seconds rule. Drivers can pick a fixed object on the road to help determine whether they are following too close. Once the car ahead passes the fixed object, a driver can start counting. If the driver passes the fixed object within 3 seconds, he is following too closely.

When a driver is injured in a rear-end accident, the person who hits him from behind is generally at fault. The injured driver may be able to recover financial compensation for his injuries by filing a NJ car accident lawsuit. Though it may be clear that the driver who rear-ended the injured driver is at fault, fault is not presumed in a car accident lawsuit. The injured driver still has to prove the following:

  • the defendant (at-fault driver) was negligent,
  • the defendant’s negligence caused the rear-end car accident, and
  • the rear-end car accident caused the plaintiff (the person filing the lawsuit) to sustain injuries.

Related: Know Your Legal Rights After Being Injured in a NJ Car Accident

In a typical rear-end car accident lawsuit, an injured driver generally argues that the driver behind did not maintain a safe following distance. This can be established through the injured driver’s testimony, witness testimony/statement and/or a police report.

Parties of a NJ car accident lawsuit are usually deposed as part of the litigation process. During the deposition, the at-fault driver may admit fault by saying that he simply did not see that the car ahead was stopped. A witness may also be deposed and state that the at-fault driver hit the injured driver from behind.

Lastly, a police report can also establish fault of a defendant driver. A police report contains all the information about the accident, i.e., how the accident happened, witness statement(s), etc.

If you were injured in a rear-end accident in New Jersey, you may be entitled to financial compensation. Call Philip T. Ciprietti, a NJ car accident lawyer to schedule a free consultation. 800.281.8695

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page

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