Detailed Answer
Under New Jersey law, every driver must obey traffic-control signals and yield the right-of-way. Key statutes include N.J.S.A. 39:4-96 (traffic-control signal compliance) and N.J.S.A. 39:4-81 (right-of-way at intersections). To prove negligence in a crash at a traffic signal or exit, you must establish:
- Duty: The other motorist had a legal obligation to follow traffic signals and yield rules.
- Breach: The motorist violated a statute or failed to act as a reasonably careful driver.
- Causation: Their breach directly caused the collision.
- Damages: You suffered measurable losses (medical bills, repairs).
Gathering the right evidence is crucial. Below are common proof sources:
- Accident scene documentation: Take photographs of vehicle positions, skid marks, traffic lights, road signs and road surface conditions immediately after the crash.
- Traffic signal timing and maintenance records: Request logs from the municipality under OPRA to confirm signal phases or malfunctions.
- Police crash report: Obtain a certified copy. It often includes diagrams, witness statements, officer findings and any citations (e.g., red-light violation).
- Witness statements: Collect full names, contact details and written or recorded accounts describing what each person saw.
- Video and camera footage: Retrieve dashcam, intersection camera or nearby business surveillance videos showing the sequence of events.
- Accident reconstruction analysis: Hire a reconstruction expert to examine physical evidence, measure skid marks, analyze vehicle crush and calculate impact speeds.
- Electronic data recorder (EDR) information: Many vehicles record pre-crash speed and brake use. Secure a download of that data.
- Cell phone and distraction evidence: Subpoena phone records to show texting or calls at the time of the collision.
- Vehicle damage assessments: Use repair shop estimates and photographs to demonstrate the collision’s force and point of impact.
Helpful Hints
- Photograph and video the scene before vehicles are moved.
- Get a copy of the full police report promptly.
- Note down all witness names and contact info at the scene.
- Preserve any available camera footage quickly—some sources overwrite after days.
- Submit an OPRA request for signal timing and maintenance logs early.
- Consult an accident reconstructionist to strengthen causation proof.
- Keep all medical and repair bills organized to document damages.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.