Accidents happen quickly, and sometimes an outside factor causes one car to hit another. Determining who is responsible for an accident requires examining all contributing factors.
Identifying the real cause
If you hit another car because of an outside factor, such as a sudden road hazard, malfunctioning brakes, or another driver’s actions, responsibility may not fall on you. For example, a large pothole could cause you to lose control, or a mechanical failure might prevent you from stopping in time. Documenting these conditions is important when explaining what led to the accident.
Understanding comparative negligence
New Jersey follows a comparative negligence rule, meaning each party’s responsibility is evaluated as a percentage. If an outside factor contributed to the collision, the law might assign partial liability to other parties, such as a municipality for road hazards or a mechanic for a faulty repair. However, if your actions played a role in the accident, your compensation may be reduced based on your percentage of fault.
Gathering evidence
To protect yourself, collect evidence at the scene. Take photos of road conditions, damage to vehicles, and any other relevant details. If a defective part caused the accident, save repair records or seek a professional evaluation. Witness statements can also help establish what happened.
Reporting the accident
New Jersey law requires reporting any accident resulting in injury, death, or significant property damage to the police. Provide a clear and accurate account of events, including the factors that caused you to hit the other car. Police reports can serve as critical evidence when determining fault.
Moving forward
Accidents caused by outside factors require careful examination to assign responsibility fairly. Collecting strong evidence and understanding how New Jersey law applies can help protect your rights and clarify liability.