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Can Vehicle Damage Determine Fault in a New Jersey Car Accident?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 27, 2026

Read Time: 3 mins

Yes, vehicle damage is one of several factors that a car accident lawyer will investigate to establish which party is liable. Because vehicle damage is rarely absolute proof of fault, that lawyer will also review statements from eyewitnesses, reports of traffic and road conditions, police reports, surveillance video– and any other evidence that might be available.

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have represented New Jersey car accident victims in personal injury lawsuits for more than 45 years. Our experience gives our clients a substantial advantage against drivers who might argue that they were not negligent or did not cause the accident.

Vehicle damages might show how an accident happened without establishing fault

Certain types of car accidents leave clear damage patterns to the vehicles involved. For example, when one car has extensive front-end damage and the other car’s back end is pushed in, the accident was likely a rear-end collision. Likewise, front-end damage on one car and side damage on another suggests a “T-Bone” type accident. These damage patterns, however, do not definitively establish liability. They do not reveal which party had the right of way or whether either party violated any traffic laws. A skillful car accident attorney will combine all available evidence to determine who was at fault.

Determining fault is critical for the recovery of the largest available damages award

New Jersey drivers are required to purchase Personal Injury Protection (PIP) insurance as part of the state’s “no-fault” auto insurance rules. However, it might not be adequate to cover the full expenses of severe injuries. If this is the case, the injured party will need to file a car accident lawsuit to recover the excess amount.

Under the state’s comparative negligence laws, the amount that an injured driver can recover will be reduced in proportion to their fault. If the accident was a rear-end collision, the driver of the car that was hit might be partially responsible. For example, if they stopped suddenly without a good reason or had broken brake lights.

An experienced car accident lawyer will anticipate these and other matters to assign full responsibility to the negligent party and collect maximum damages for the injured party.

Collecting and securing evidence will help to establish fault

A car accident victim should collect as much evidence of the collision as possible– under the circumstances. This may include photographs of the damaged vehicles and the accident site, police reports, eyewitness contact information, details of traffic and weather, and medical bills and expenses associated with the treatment of injuries.

Collecting evidence to determine fault is also more effective when it is done in the aftermath of the accident– before witness memories fade and evidence is lost or forgotten. If you have suffered serious injuries in a car accident, you should contact a knowledgeable lawyer as soon as is possible to begin this process of evaluating the evidence and determining fault.

Contact us at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for a free consultation

Contact us as soon as possible after you have suffered serious injuries in a car accident in Bergen County or elsewhere in New Jersey. We will determine the extent to which vehicle damage points to the liable party. We will also use our skills and experience to analyze all of the evidence that may be available and to argue that the negligent party bears full responsibility to pay damages for your losses and injuries.

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   LWelsh 
 8 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 93 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 108 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 131 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 151 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can Vehicle Damage Determine Fault in a New Jersey Car Accident?

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