Can the testimony or municipal court conviction of the at-fault motorist be used in a personal injury lawsuit?
This is a common question. A municipal traffic court’s function is to determine whether state laws were broken and whether the at-fault driver is guilty as charged. The judge must decide whether the driver is guilty “beyond a reasonable doubt.” That is a different legal standard than is applied in civil lawsuits such as personal injury claims. Therefore, in New Jersey the outcome of a municipal court case is usually not applicable or admissible as evidence of fault in a personal injury lawsuit.
If you are called as a witness in a municipal court proceeding, it’s important to consult with an experienced New Jersey auto accident attorney promptly. Any inconsistencies between your testimony in municipal court and statements in the personal injury lawsuit may be used against you later to try to deny your claim. Protect your legal interests and talk to an experienced lawyer if you are called to testify.
The law firm of Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.
Call our auto accident lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.
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