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Newark Car Accident Lawyer Discusses Understanding Fault and Negligence in Auto Accidents

In 2022, almost 700 people were killed in car accidents in New Jersey.  Car and automobile accidents are a common cause of injuries in New Jersey.  At Clark Law Firm P.C. we have seen the emotional and physical toll that auto accidents can have on people and their loved ones.  If you or a loved one was involved in a car accident, call us at 1-877-841-8855 to speak to a Newark car accident lawyer. We have decades of experience representing people who have been injured on NJ roads and freeways.


Common Causes of Automobile Accidents and Crashes


One of the most common factors that may contribute to a car accident are distracted drivers.  Drivers may be distracted by a text message, phone call, or flipping through the radio station.  They may also be distracted by children or pets in the vehicle or even other passengers.


Another common cause of car accidents in Essex County is impaired drivers who may be under the influence of alcohol or drugs.


Some drivers may also be tired or drowsy due to lack of sleep and may easily become distracted or even fall asleep at the wheel.  Overworked employees and truck drivers who work long hours can be negatively impacted by lack of sleep.


Speeding, tailgating, and driving recklessly can also contribute to car, motorcycle, and truck accidents. While you cannot control other drivers who drive recklessly or are speeding excessively, make sure you are looking into your rearview mirror to evaluate potentially dangerous drivers around you and act accordingly.

Newark Car Accident Lawyer

Road Conditions That Are Out of Your Control Can Contribute to Auto Accidents


Foreign objects on the road can also contribute to vehicle accidents.  If a vehicle in front of another car has foreign objects falling onto the road, that can be a significant road hazard that can lead to a car accident.  It is advisable to be alert and maintain ample distance from vehicles in front of you.


Potholes and unclear signs or failure to post warning signs in construction zones can also contribute to automobile accidents. Again, being alert of road conditions may help you avoid accidents caused by these factors.


How in Fault in Car Accidents Determined in the State of New Jersey?


An important consideration is which party was negligent; meaning which party failed to take reasonable action to avoid causing a car accident that resulted in injury to others.


Important Factors That Will Be Considered in Determining Negligence


  • Was the driver under the influence of alcohol or drugs
  • What was the driver doing prior to the crash (texting, changing radio stations, etc.)
  • Were traffic signs and signals obeyed
  • Was the driver distracted in some way
  • Were there extreme weather conditions such as rain or fog



New Jersey Laws and Regulations Pertaining to Car Accidents


New Jersey No-Fault Car Insurance: New Jersey drivers are required to have no-fault coverage (aka personal injury protection).  This policy covers them and provides liability insurance that covers the damage to other cars and vehicles.


New Jersey Tort Claims Act: this act allows injured parties to file a claim against the state for car accident injuries that may have been caused by road defects or traffic control technology such as traffic lights.


New Jersey Uniform Motor Vehicle Reparations Act: this act (aka No-Fault Act) provides requirements and rules for determining fault and what type of damages may be claimed. It also shares the maximum amount that can be recovered.  The purpose of this act is to provide a fair process for injured victims of auto accidents while maintaining control over cost.


Were You Involved in a Car Accident in Essex County, NJ?


Contact Clark Law Firm P.C. today at 1-877-841-8855 to speak to an experienced Newark car accident lawyer or interact with us on via our live chat on our website. We want to make sure you get justice for your injuries and will fight tirelessly for your rights in NJ.