Intersection accidents are common in New Jersey because several vehicles, pedestrians, and traffic signals may all come together at the same time. When a crash happens at an intersection, one of the first questions is usually simple: who had the right-of-way? The answer is not always clear, especially when both drivers claim they entered the intersection legally.
Why Right-of-Way Disputes Happen
Right-of-way disputes often happen after left-turn crashes, stop sign accidents, red-light collisions, yield sign accidents, and crashes at four-way intersections. One driver may say the light was green, while the other driver may say the first driver was speeding or failed to yield. In other cases, both drivers may believe they had enough time to proceed.
New Jersey law provides basic rules for intersections. A driver approaching an intersection must yield to a vehicle that has already entered it. If two vehicles enter at the same time, the driver on the left must yield to the driver on the right. A driver making a left turn must yield to oncoming traffic that is already in the intersection or close enough to be an immediate hazard.
Stop Signs and Yield Signs
Stop sign and yield sign cases can be especially disputed. Under New Jersey law, a driver at a stop sign must come to a complete stop before entering or crossing the intersection. The driver may proceed only after yielding to traffic on the intersecting street that is close enough to create an immediate hazard. A driver facing a yield sign must slow to a reasonable speed, stop if necessary, and yield to dangerous approaching traffic.
This means that stopping alone is not always enough. A driver can stop at a sign and still be at fault if they move forward when another vehicle is too close.
Evidence That Can Help Prove Fault
Because drivers often disagree about what happened, evidence is very important in intersection accident claims. Useful evidence may include police reports, traffic camera footage, dashcam video, witness statements, vehicle damage, skid marks, traffic signal timing, and photos of the roadway. The location of the damage on each vehicle can also help show the direction of travel and the point of impact.
Medical records are also important because they connect the crash to the injuries being claimed. If there is a delay in treatment, the insurance company may argue that the injuries were not caused by the accident.
Comparative Negligence in New Jersey
Some intersection crashes involve shared fault. For example, one driver may have failed to yield, while the other driver may have been speeding. New Jersey follows a modified comparative negligence rule, meaning an injured person can recover damages if their fault is not greater than the fault of the other party, but their recovery may be reduced by their percentage of responsibility. If they are more than 50% at fault, they may be barred from recovery.
Final Thoughts
Right-of-way disputes can make intersection accident claims difficult. Even when one driver appears clearly responsible, insurance companies may argue that the injured person also contributed to the crash. Careful evidence collection, prompt medical treatment, and a clear explanation of how the collision happened can make a major difference in protecting the value of a New Jersey auto accident claim.