In a typical personal injury claim, including a car accident case, liability is determined based on the legal principle of negligence. Under the theory of negligence, all persons in society have a duty to engage in reasonable behavior at all times, given the circumstances. The law does not, however, identify what constitutes reasonable behavior. It leaves that determination to the trier of fact, typically the jury.
In a rear-end collision claim, the court and or jury customarily look at the actions of both parties to determine whether their actions were reasonable. With respect to the trailing driver, the trier of fact may look at these factors:
The actions of the front driver also may be taken into consideration:
At the Law Office of Howard N. Sobel, we work closely with people who suffer injuries in a motor vehicle accident in New Jersey. Contact our office online or call us at 856-424-6400 to set up a free initial consultation (on selected cases). Evening and weekend appointments can be arranged upon request. Personal Injury claims are handled on a contingent fee basis.
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