I was in an accident and got charged with running a stop sign, but the person who hit me was speeding. If he had not been going so fast the accident would not have occurred. Should not the other driver have gotten a ticket and not me?

///I was in an accident and got charged with running a stop sign, but the person who hit me was speeding. If he had not been going so fast the accident would not have occurred. Should not the other driver have gotten a ticket and not me?

Usually the alleged stop sign violator is cited. The fact that the other driver was speeding would be a defense in a civil case because New Jersey is a comparative fault state where a jury has to determine the amount of fault between plaintiffs and defendants.  In municipal court, a quasi-criminal case, it is only a mitigating factor that a Judge must consider.  However, just because you were cited does not mean that you will be found guilty. There are many defenses in traffic accident cases, please contact us for more information.  Also please ensure that your attorney requests a civil reservation in order to avoid the municipal matter being used against you in a subsequent civil case.

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