Legal Question in Traffic Law in New Jersey

accident

i was parked in an illeagal spot however i was not obstructing traffic. someone hit my car. who's legaly at fault?


Asked on 5/12/08, 2:12 pm

2 Answers from Attorneys
steven traub Traub & Tumaian, LLP

Re: accident

It depends where and how you were parked and if the other person should have seen your vehicle if they were driving attentively.

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Answered on 5/12/08, 2:20 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: accident

This depends on several factors. The jury instructions indicate that violation of statute is not negligence per se. So you are not solely at fault because you were illegally parked although assessment of blame may include that factor. In addition, we have comparative negligence in NJ that allows allocation of fault in percentages. If one's own negligence exceeds 50%, one may not recover damages.

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Answered on 5/12/08, 6:17 pm


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