Union County Car Accident Lawyer

Witnesses

Eyewitness statements are another crucial element. For example, if a crash occurs at an intersection on Elmora Avenue in Elizabeth due to a driver running a red light, witnesses can confirm whether the light was indeed red when the car entered the intersection. Statements from bystanders are often invaluable.

Expert Witnesses

Accident reconstruction experts can play a pivotal role. For example, in an accident due to high-speed collision, an expert can analyze skid marks, vehicle damage, and traffic flow to determine speeds and reaction times. Their testimony might provide scientific backing to show that the other driver failed to act responsibly.

Video Footage

Photographs and traffic camera footage can pinpoint a negligent action. For instance, video from local businesses along busy corridors like Stuyvesant Avenue may show a driver swerving or aggressively tailgating, key behaviors leading up to a crash.

Attorney Michael Chelland will carefully explore these, and other sources of evidence, with the goal of building a comprehensive case that can support your claim. 

Proving Negligence in a Car Accident Case

A key element in proving negligence in a car accident case is demonstrating that the other driver breached their duty of care. Every driver on the road has a legal obligation to act as a reasonable person would to ensure the safety of others. When a driver fails in this duty, they can be held liable for the resulting harm.

To determine if a breach occurred, courts assess whether the driver’s actions fell below the standard expected of a reasonable person in similar circumstances. For example, speeding on Route 22, where traffic often moves quickly and unpredictably, might constitute a breach. 

Similarly, failing to yield on the Garden State Parkway, a busy and high-stakes thoroughfare, is another common example. Imagine a driver merging into oncoming traffic without checking their blind spot. Their failure to adhere to basic safety principles violates the duty to act cautiously and as a reasonable driver would, particularly on a road notorious for rapid traffic flow.

The “reasonableness” standard is central to personal injury cases involving car accidents. This standard doesn’t demand perfection but does require adherence to commonsense driving practices that prioritize safety. Actions like obeying speed limits, following traffic signals, and maintaining a safe distance behind other vehicles are considered reasonable. Acts such as ignoring a stop sign near a densely trafficked area or texting while crossing busy intersections are often seen as a breach of this standard.