Legal Question in Traffic Law in New Jersey

Re: Who is at fault?

Everyone; no, no one; no, the deer. These answers could all be correct or none of them may be correct depending on the Court you are in or the request being made. For example, if one of you (probably not the deer) is charged with careless driving in Municipal Court, then the charge must be proven "beyond a reasonable doubt." In my opinion, only the truck driver could be guilty of that, but he may even get off depending on the facts and circumstances. On the other hand, in a civil trial, where the question is posed to the jury, the standard is "by a preponderance of the evidence," which is a much lower standard that would require allocation of fault. My opinion makes no difference; the opinion of the Judge (in the first instance) or jury (in the latter) is what you would need to answer your question. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further action, you should 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. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner