How to Ensure You Receive FULL Compensation for Your Car Accident Injuries
People are involved in car accidents in New Jersey all of the time, and they occur for a diversity of reasons, but typically they are the result of another’s negligent or careless actions. The moments soon after an automobile accident can be confusing and overwhelming, and if you are seriously injured, you might also be facing extensive medical treatment and a long road to recovery.
Fortunately, if you believe that someone else is responsible for your accident, you may be entitled to compensation.
How to Find Out What Compensation You Are Entitled To
At Parker Waichman LLP, our lawyers have a long history of obtaining favorable results for car accident victims, and we can help you determine whether you, too, have a viable claim for damages. Call our firm today by calling 1-800-YOURLAWYER (1-800-968-7529) and find out what our legal team can do for you.
Car Accidents in New Jersey
At Parker Waichman LLP, our lawyers have an extensive and successful history dealing with injury claims that arise from car accidents in New Jersey. The car accidents that our clients have been involved in have had a number of different causes and have resulted in a wide range of injuries, including bumps and bruises, to broken bones and concussions to life-threatening and fatal injuries. At Parker Waichman LLP, our job is to make sure you are compensated for these types of injuries so that you can focus on recovering.
We have represented clients in many different types of car accidents, including:
Driving While Texting Accidents
Using a handheld device is while driving is illegal in New Jersey, but texting while driving is still a prevalent cause of car accidents in the state. Texting while driving is thought to increase the risk of getting into a car crash than regular cell phone use, particularly because texting requires more of your attention to send and receive messages. In fact, you are nearly twenty-five times more likely to be involved in a car accident if you text while driving. This is not surprising given that when your eyes are off of the road for even a second, let alone four to six seconds while texting, an individual can be distracted from driving their vehicle in a manner that avoids causing damage to others.
Distracted Driving Accidents
Distracted driving, which also includes texting while driving, is a very serious problem and it is the reason for 1,000 of deaths every year throughout the United States. In New Jersey alone, from 2010 to 2014, distracted driving was cited as a significant contributing factor in more than 817,000 vehicle crashes that occurred in the state. Distracted driving is defined as any action that an individual can take that might divert their attention away from driving. Any distraction can place drivers, passengers, and bystanders in danger. Some common types of distractions include:
- Cell phone use
- Using a GPS
- Tuning a radio
- Watching a video
- Using maps
- Eating and drinking
- Looking at something out the window
- Talking to passengers
Regardless of what draws someone’s attention away from their primary task of driving, distracted driving can put everyone at risk for serious and even fatal injuries.
Despite state and national laws that prohibit drunk driving, thousands of individuals are harmed or killed by intoxicated drivers each year throughout the United States. When drunk drivers cause an accident that results in injuries, they can face criminal charges and a conviction. However, a conviction cannot help victims of the crash and their families who might suffer devastating losses from these tragic accidents. Fortunately, a civil negligence lawsuit against the drunk driver may help a victim to obtain the monetary compensation they need and deserve.
Inclement Weather Accidents
During heavy rain and snow and ice, some motorists tend to drive way too fast for conditions or over-correct their vehicles when they begin to hydroplane or slide, and they end up losing control. When a vehicle loses control in inclement weather, serious injury-causing accidents can occur.
A rollover is a type of accident where a vehicle tips over onto its roof or its side. All kinds of vehicles can rollover, but narrower, taller cars like SUVs and vans have a higher tendency to do so. Many rollovers happen when vehicles that are traveling at a high rate of speed leave the roadway suddenly and slide sideways, hitting a soft surface, and eventually crashing into a guardrail, curb, or another vehicle. Rollover accidents are viewed as the most dangerous types of car accidents, where many individuals often sustain fatal injuries.
Intersection and Red Light Accidents
Traffic signs and signals are placed to direct traffic and protect drivers on the road. However, many motorists fail to adhere to these signs and signals and run stop signs or red lights. It is estimated that nationally, approximately forty percent of all motor vehicle crashes occur in or near intersections. But not every crash is caused by running a red light or stop sign. Of these more than two million accidents that happen at intersections every year in the United States, most of them involve left-hand turns. Oftentimes motorists misjudge the speed of oncoming traffic, attempt to turn on a yellow or red light, or simply grow impatient and proceed into an intersection to make a turn anyway. No matter whether an intersection accident is a T-bone, rear-end, or another type of crash, an individual can suffer serious injuries.
Rear End Collisions
A rear end collision occurs when one vehicle crashes into another vehicle in front of it. No matter whether a rear end accident happens on a neighborhood street, at a stop sign, or at high speeds on freeways, these accidents can cause serious injuries to those involved.
A sideswipe crash can happen when two vehicles driving next to each other and traveling in the same direction collide. These types of accidents oftentimes occur when one driver fails to check their blind spots before changing lanes. A sideswipe collision can be particularly devastating when it happens at high speeds.
Head-on collisions occur when the front ends of two cars traveling in opposite directions crash into one another. Although these types of accidents are not necessarily all that common, they can be catastrophic for those involved, and maybe even fatal. Head-on collisions usually are the result of driver error, driver distraction, drunk driving, and brake failure.
Side Impact Collisions
A side impact collision, also known as a T-bone accident happen when one vehicle’s front end impacts the side of another vehicle, oftentimes forming a “T.” In these types of crashes, a driver or passenger of the struck side of the vehicle may sustain far more serious injuries than one might in a rear end collision. Of course, the severity of the accident will depend on vehicle speeds and where the front of one vehicle actually impacted the other vehicle.
One of the most common causes of a multi-vehicle or pile-up accident is inclement weather. In snowy and/or icy conditions, heavy rains, or even foggy conditions, drivers can easily lose control of their vehicles, especially if they are driving too fast for conditions. These types of accidents can be particularly complex because more than one individual or entity can be liable for the injuries that occur.
Single Car Accidents
Some car crashes only involve one vehicle. Many single-vehicle accidents occur due to bad weather or because a driver is swerving to miss a deer or some other animal. But just because these types of accidents don’t involve another vehicle doesn’t mean that the injuries might be any less severe.
Underinsured/Uninsured Motorist Accidents
Many car crashes that occur in New Jersey involve underinsured or uninsured motorists. In New Jersey, individuals are required to carry at least a minimum amount of liability insurance in the event they are in an auto accident that causes bodily injury. Many drivers only carry that minimum or don’t have insurance at all. If you were hurt during a collision with an uninsured or underinsured individual, they may be unable to compensate you sufficiently for the costs associated with your injuries. That’s why it’s a good idea that you carry your own UM/UIM coverage.
Hit and Run Accidents
A hit and run is a traffic accident where the driver intentionally leaves the scene of the accident without providing contact information to anyone else involved. Oftentimes motorists will leave the scene of the crash if they caused property damage or injuries. While a thorough investigation into the accident may reveal the offender, unfortunately, in many cases, the victims in these crashes end up collecting from their own insurance policies, including through uninsured and underinsured motorist coverage.
Regardless of the type of accident you’ve been involved in New Jersey, the skilled and dedicated lawyers at Parker Waichman LLP are here to help you. Contact us today to schedule your free case consultation and learn what we can do for you.
Car Accident Injuries in New Jersey
At Parker Waichman LLP, our experienced New Jersey Car Accident Lawyers have represented clients who have sustained a variety of injuries including:
- Broken Bones
- Vertebrae in the Spine
- Neck Bones
- Bones in the Sternum
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Herniated Discs
- Chest Injuries
- Abdominal and Pelvis Injuries
- Emotional Distress
- Traumatic Cardiac Arrest
- Torn Ligaments
- Severed Limbs
- Other Leg, Knee, and Foot Injuries
If you have been injured in a car accident in New Jersey that was due to the reckless, negligent or careless actions of someone else, be sure to contact the New Jersey Car Accident Lawyers at Parker Waichman LLP today.
Frequently Asked Questions Regarding Car Accidents in New Jersey
Q: What should I do if I am in a car accident in New Jersey?
A: If you’ve been involved in a car crash in New Jersey, there are a number of steps you need to take. First, you should try to remain calm, and if you are able to do so safely, move your motor vehicle from oncoming traffic. After you assess the situation, if you or another individual has been injured, you should call 911 to report those injuries and to call for medical assistance.
When you are involved in an accident in New Jersey, you should also exchange information with the other parties involved. Be sure to obtain names, addresses, contact information, driver’s license and plate numbers, and auto insurance information. If you have a phone or camera with you, it is also a good idea to take photographs of the scene so you can report damages and remember the sequence of events later on.
If your auto accident resulted in injury, death, or more than $500 worth of property damage, then you must report your accident to the New Jersey Motor Vehicles Commission.
It is also a good idea to report the accident to your insurance company, and if you were injured, after you’ve received medical treatment, be sure to contact an experienced New Jersey Car Accident Lawyer in order to protect your rights to compensation.
Q: How long do I have to file a car accident lawsuit in New Jersey?
A: Every state has laws that limit the amount of time you have to file a personal injury lawsuit. These laws are also known as statutes of limitation. In New Jersey, the statute of limitations for a car accident and other personal injury cases is 2 years from the date of the accident or injury. What this means is that you have only two years to file a lawsuit for damages. It is important to be knowledgeable of this time limit because once it passes, you risk losing your right to compensation.
Q: What is comparative fault and is there such a thing in New Jersey?
A: In some car accident cases, the party against whom you are trying to recover might assert that you are to blame for the accident. If you and the other party do end up sharing some of the liability for the accident, the amount you can recover may be affected. In terms of comparative or shared fault, New Jersey adheres to a modified comparative negligence scheme. This means that if you are found partially at fault for the accident, your financial recovery will be reduced by an amount that is equal to your percentage of fault. For instance, if the jury determines that the amount of damages you’ve sustained is worth $50,000, but that you were also thirty percent at fault for the accident, and the other party was seventy percent at fault, then you would be able to recover seventy percent of the damages, or $35,000. However, if you are more than fifty percent at fault, you will likely not recover any damages.
Q: What is the no-fault car insurance system in New Jersey?
A: In New Jersey, motorists are required to carry automobile insurance with minimum liability coverage. In New Jersey, it is referred to as no-fault insurance because regardless of who is at fault in your car accident, your own insurance company is responsible for paying your medical expenses. This coverage is also known as “personal injury protection” or PIP. PIP may also cover lost wages, essential service benefits, funeral expenses, and death benefits. It is important to note that in cases where an individual suffers severe injuries that exceed PIP coverage, they may be able to sue the at fault driver despite the no-fault rules. The no-fault system of insurance differs from the fault system where the driver who is responsible for the accident is the one who pays for the injuries that others sustain.
Q: If I have no-fault insurance, why would I have to prove fault in a New Jersey car accident?
A: Remember, because of New Jersey’s no-fault system, you will receive PIP benefits no matter who is responsible for your accident. But if you want to recover compensation beyond what your PIP benefits provide, then you need to prove liability in your case. To obtain compensation for loss of income or past and future medical expenses, you usually have a right to sue for these types of economic damages. Whether or not you can obtain non-economic damages like pain and suffering or emotional distress will depend on the type of car insurance policy you have.
If you have a Basic car insurance policy in New Jersey, you will have a limited right to file a lawsuit. This means that you will not be able to file a claim against another individual for non-economic damages. However, if your accident resulted in permanent and/or serious bodily injury or death, you would be able to file a lawsuit for non-economic damages.
If you have a Standard policy in New Jersey, you will have the option of an unlimited or limited right to sue. If you choose the unlimited option, you can file a lawsuit for non-economic damages no matter what type of injuries you sustain.
Q: How can I establish that another party was at fault for my car accident?
A: In most car accident cases, negligent drivers are the ones to blame. When someone is negligent, it means that they behaved in a careless or thoughtless manner which resulted in another’s injuries or other damages. In order prove negligence, you must first be able to establish that the defendant owed you a duty of care to act reasonably under the circumstances; that they breached, or failed to follow that duty of care; that the defendant’s actions caused the accident and your injuries; and, that you were actually harmed.
Motorists in New Jersey have a duty to be reasonably careful when driving their vehicles so as to avoid the risk of injury to others. Some examples of behavior that might be considered unreasonable or negligent include texting while driving, speeding, and running a red light. In order to establish negligence in car accident cases, you will likely have to collect evidence of that negligence, including eyewitness testimony, police reports, photographs, and maybe even an accident reconstruction expert.
Why Choose Parker Waichman LLP
The experienced Car Accident Lawyers at Parker Waichman LLP are hardworking and dedicated and have earned a reputation for recovering significant monetary awards for our clients over the years. In fact, we have obtained more than one billion dollars in damages for our personal injury and wrongful death clients, and you can be sure that we will make every effort to help you recover your damages to the fullest extent possible.
Awards and Accolades
At Parker Waichman LLP, we have been recognized by many for our determination, hard work, and effective advocacy. Our firm is respected by others, from judges to defense attorneys and our clients, and has been honored with top ratings by numerous peer reviews, including:
- A listing in Extensive Peer Review’s Best Lawyers Publication
- An AVVO rating of 9.8 out of a perfect 10
- Recognition as “Preeminent Lawyers” by the AV Peer Review Rating
- Lawdragon’s highest ranking of “5 Dragons” based on peer review
Our Promise to You
These honors and recognitions are important, but our primary focus is on the work we do for our clients. We strive to preserve and protect the legal rights of all of our clients and do our best to obtain the best attainable results in every case.
Call 1-800-YOURLAWYER (1-800-968-7529) For a Free Case Review
At Parker Waichman LLP, our caring lawyers have many years of experience representing victims who have been involved in New Jersey car accidents. When you call upon Parker Waichman LLP to take on your car wreck claim, you can anticipate quality service and effective legal advocacy from lawyers who strive to protect every client’s right to compensation. If you’ve been hurt in an auto accident, it is important that you call us today at 1-800-YOURLAWYER (1-800-968-7529) or fill out our contact form online and schedule your free, no-obligation consultation.
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