How a Car Accident Lawyer Evaluates a Case
Say a new case comes into the office of a car accident lawyer. One of the first things that the attorney will investigate is whether there was a violation of a traffic law. This is because, if the lawyer can prove that the other driver violated a traffic law, that shows that the other driver was likely negligent. “Negligence” is the legal term for carelessness. If a driver is negligent and injures someone, his insurance company will generally have to pay compensation.
Once the car accident lawyer proves negligence, then the only questions are how badly was the lawyer’s client injured, and whether the attorney’s client also was negligent to some degree.
Therefore, the car accident lawyer will carefully read the police report. If the other driver was issued a traffic ticket for a moving violation, that generally confirms negligence. However, if the attorney’s potential client was the only one ticketed, there may be a question of whether there is a case in the first place.
On the other hand, the police sometimes make mistakes. There are times when the wrong person gets the ticket. And sometimes, the police fail to issue a ticket when they should have. Therefore, if you are injured in a car accident, and feel that the other driver might have been at fault, you should immediately
You can read the actual jury instructions that New Jersey judges give to juries here.