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Establishing Fault in a Car Accident Claim

Accidents Where There’s a Presumption of Liability

Establishing Fault in a Car Accident ClaimIf you’re involved in a motor vehicle accident and suffer personal injuries, you’ll want to take legal action to cover your losses. Most personal injury claims are based on a theory of negligence. To successfully make a legal claim based on negligence, you normally must show that the defendant (the person being sued) did not act reasonably under the circumstances, thereby causing the accident that resulted in your losses.

Certain Types of Accidents Involve an Assumption of Liability

But there are certain types of accidents that usually lead insurance companies to presume the defendant was responsible. In these types of claims, absent evidence to the contrary, insurance companies typically don’t challenge liability.

  • Rear-end collisions—One of the cardinal rules of the road is that you must pay attention to the road in front of you. Accordingly, if someone hits you from behind, it’s unlikely that you’ll be found liable, unless it can be shown that your brake lights were not working or that you were actually backing up at the time of the wreck
  • Left-turn accidents —The operator of a vehicle making a left turn will almost always be responsible for a collision with a car traveling straight in the opposite direction. There are exceptions to this general presumption, though—for example, when the driver traveling straight is speeding or fails to stop at a traffic light.

Contact Howard D. Popper, P.C.

For a free initial consultation to discuss your options after a motor vehicle accident contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and videoconference.

We handle all motor vehicle accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.