Numerous New Jersey car, bus or truck accident lawsuits are filed each year in the state, whether they are in South New Jersey (Cherry Hill, Marlton or Camden car accidents) or in North New Jersey (Newark, Edison or Paramus car accidents). However, not all of these car accident cases prevail in the end.
In order to win a New Jersey motor vehicle lawsuit, there are certain elements injured drivers and passengers must prove:
- the driver was negligent;
- the driver’s negligence caused the car accident; and
- the injured victims’ injuries and damages were caused by the car accident.
How to Prove the Driver was Negligent and Caused the Accident
There are a few ways injured victims can prove that the defendant driver was negligent and caused the auto accident. The first way is through a police report. Although police and accident reports are not admissible in court, they often contain invaluable information which can help prove negligence in a car accident case.
After a serious car accident in Cherry Hill, Marlton or Camden, police officers are often called to the accident scene. The police officer typically talks to the parties involved, determines how the motor vehicle accident happened and who caused the accident. If the injured drivers or passengers are critically injured and cannot speak to the police officer at the scene of the accident, the police officer may visit the injured car accident victims at the hospital at a later time to obtain a statement.
The police officer may also speak to any witnesses to the car, bus or truck accident. All of the police officer’s findings are then written down in a car accident report. Further, the police officer may issue a citation to the driver who caused the accident. The citation may state that the driver was driving recklessly, speeding or even driving under the influence. Therefore, the car crash report would state who caused the accident and help establish a driver’s negligence.
Injured car accident victims can then obtain a copy of the police report through the police department of the township where the accident occurred. For some accidents on New Jersey highways, the police report can be obtained from the New Jersey State Police. Depending on the township, a police report may be obtained in person, through the mail and maybe even online.
Another way to establish the defendant driver’s negligence is through witness statements. There may be multiple eye witnesses who saw the accident and be able to testify as to who caused the accident. Though witnesses may have been interviewed by the police officer at the accident scene, witnesses should still be contacted and interviewed to confirm the findings in the accident report. The personal injury lawyer representing the victims or an investigator hired by the lawyer may interview the witnesses. Further, witnesses may need to give a deposition, which is testimony that is given under oath. Especially in contested car accident cases, when the at-fault driver denies causing the accident, eyewitness testimony can be critical in establishing negligence.
Click here to continue to read part 2 of this article, which discusses establishing injuries caused by the NJ car, bus or truck accident.
More from Our Motor Vehicle Accident Legal Library
- How Long Do You Have to Sue After a New Jersey Car, Bus or Truck Accident?
- Should NJ Car Accident Victims Give a Statement to the Other Driver’s Car Insurance Company?
Help After a Car, Truck or Bus Accident in Cherry Hill, Marlton or Camden. Call 800.281.8695. Free Initial Consultation.
*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.