Legal Question in Traffic Law in New Jersey

Re: Is this driver

The answer to your question changes, depending on where you are arguing it. For instance, if you were charged with "careless driving" by a police officer, it would be up to the Municipal Prosecutor to prove you were "at fault" beyond a reasonable doubt. This is the standard in the Municipal Court. On the other hand, if the other driver states he/she was injured due to your alleged carelessness, it would be up to his/her lawyer to establish that you were �at fault� by a preponderance of the evidence, which is a much lesser standard, which seeks to determine whether you were slightly more negligent than the other driver, and is easier to prove than the standard in the Municipal Court. It may seem simple to you; however, a fact finder, either a judge or jury, would ultimately make that determination based on the evidence presented.

Your question concerning insurance points is much more difficult. Different insurance companies have different standards and you will need to talk with the representative of the insurance company to find out how they make their decision and then see if there is a way to dispute their determination if it is adverse to you.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner