Legal Question in Traffic Law in New Jersey

Another person's illegal left hand turn caused me to be in an accident

I would like to know your thoughts on an incident I was involved in. Another driver sitting across an intersection made an illegal left hand turn, which caused the driver in front of me to stop suddenly--causing me to strike their rear. The person who made the illegal left hand turn was located, and admitted the violation to a police officer. Their car was not involved in the accident--but clearly was a major contributing cause.

I have filed a civil complaint against that driver. My question is do I have a case in small claims court to recoup some or all of the damage as a result of her negligence? I am considering filing in small claims court since the total damage to both vehicles was under $3,000---which I paid for out-of-pocket. There was no police report, but as stated previously the defendant did admit to the officer that she made the illegal (and clearly posted) left hand turn.


Asked on 12/09/04, 10:30 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Another person's illegal left hand turn caused me to be in an accident

You certainly have a good argument. However, in the final analysis, it is up to the Trial Judge to determine who is liable and, if appropriate, divide the damages by percentages of liability based on the proofs presented. In other words, the Judge would assign a percentage of liability to each of the drivers involved in the accident, including you, with the total being equal to 100%. Any of the drivers could be assigned a percentage from 0% to 100% and then the amount of the damages would be molded based on respective percentages. 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 to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 12/09/04, 10:59 am


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