Personal Injury Blog

Is "Right of Way" a Viable Defense in an Auto Accident Case?

Most people don’t know that, yes, violating right-of-way rules may be a viable defense in auto accident cases. This even applies to pedestrian-vehicle accidents where a pedestrian has violated the right-of-way rules. So when trying to establish fault in auto accidents involving right-of-way violations, the decision will be based on which party has violated the right-of-way laws in New Jersey.

New Jersey Right-of-Way Rules

Basic Rules



Determining Fault for Auto Accidents Involving Right-of-Way Violations

In New Jersey, insurance companies will investigate the auto accident to determine how much fault each party contributed to the accident’s circumstances. But if you’re seeking compensation from your no-fault insurance or personal injury protection (PIP) or collision coverage, the comparative negligence rule will not apply. On the other hand, if you’re seeking compensation against another driver, their insurance provider will determine to what extent and whether their client is at fault for the auto accident.

In some cases, unfortunately, parties in auto accidents do not agree on how the accident occurred or may have differing accounts of which party is more at fault for the accident. In cases like these, you have the legal right to file a claim against the other party to resolve the dispute.

Consult an Experienced New Jersey Auto Accident Attorney Now

Pedestrians, cyclists, drivers, and other motorists that have been injured in accidents that involve right-of-way violations may have the right to seek proper compensation. Contact the Leonard Legal Group via our quick online form to schedule a free consultation with our experienced New Jersey auto accident attorney or call us at 973-984-1414.