Assigning fault in a car or truck accident has a direct effect on the compensation an injured person is eligible to receive. In New Jersey, if the court determines a car or truck driver is 51% or more at fault, he or she is not eligible to recover damages. Alternatively, in cases where a driver is 50% or less at fault, damages are reduced by the percentage of fault assigned to a driver. This means if a truck or car driver suffers $100,000 in damages but is found to be 30% at fault, his or her damages will be limited to $70,000. Referred to as the doctrine of “modified comparative negligence,” this stipulation directly affects the amount of recovery an injured party is eligible to receive as a function of their fault in causing a car or truck accident.
Determining Fault in a Car or Truck Accident
As a result of the doctrine of modified comparative negligence, it’s essential to determine the causes of a car or truck accident. Conflicting claims on the part of those involved in an accident, as well as unreliable or unclear police reports and eyewitness statements, make it important to conduct a thorough investigation into all relevant contributory factors.
At CraigAnninBaxter Law, we represent defendants or plaintiffs in legal claims involving auto or truck accidents. In order to ensure the interests of our clients are protected and leveraged in court, our Woodbury NJ personal injury attorneys work closely with the following kinds of experts:
- Accident reconstructionist
- Skid mark analysts
- Black box recorder data analysts
- Civil engineers and surveyors
- GPS experts
- Medical experts
- Computer animation specialists
Evidence: Meeting the Challenge of Today’s Court Room
In car and truck accident cases, a number of technical issues are likely to arise that demand scientific, medical, economic, and financial competence. In addition to our ability to investigate car and truck accidents, we also have the resources needed to address issues associated with the cost of certain kinds of injuries. In some cases, cost projections regarding the extent of a head or back injury must be proposed or challenged, depending on what is presented before the court.
Here, questions might arise regarding the use of the Colossus software program, its algorithms, and how an estimate for a claim is determined. Our personal injury attorneys have a thorough knowledge of the inner workings of Colossus and the claims process and are prepared to defend our client’s interests when questions arise regarding the accuracy of a claims offer.
Contact Woodbury NJ Personal Injury Attorneys at CraigAnninBaxter Law
Car and truck accident cases can be quite complicated. In truck accidents, state and federal legislation must be considered when allegations arise regarding violations of rules and regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). Our years of experience in personal injury law have provided our car and truck accident attorneys with the knowledge needed to anticipate our opponents strategies and tactics, whether we are pursuing damages for an injured party or working to protect the rights of a party wrongfully blamed for a personal injury.
