Get Full Compensation for Your Injuries With a Top Car Accident Attorney in NJ
People are involved in car accidents in New Jersey all the time, and they can happen for a lot of reasons, but typically, they are the result of someone’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. At Parker Waichman LLP, our lawyers have an extensive history of successfully dealing with injury claims that arise from car accidents in New Jersey. Call us today and we’ll give you a free case evaluation to help you learn about your legal rights.
Causes of Car Accidents in New Jersey
The skilled attorneys at our law firm have fought for clients who have been injured due to a number of different causes and suffered a wide range of injuries, including bumps and bruises, broken bones, concussions, and life-threatening and fatal injuries. An experienced car accident lawyer in New Jersey can help make sure that you are compensated for your injuries so that you can focus on your recovery.
We have represented clients injured in car accidents with many causes, including:
Driving While Texting Accidents
Using a handheld device 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 compared to regular cell phone use, particularly because texting requires more of your attention to send and receive messages. In fact, you’re nearly 25 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 the four to six seconds it can take to type or read a text message, it’s more difficult to react to road conditions and avoid an accident.
Distracted Driving Accidents
Distracted driving, which also includes texting while driving, is a very serious problem, and it’s the reason for thousands 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. Any distraction can place drivers, passengers, and bystanders in danger. Some common types of distractions include:
- Cell phone use
- Using a GPS
- Tuning the 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. If this has happened to you, the best auto accident lawyer in NJ can get you the compensation you deserve.
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 get the monetary compensation they need and deserve with the help of a car accident attorney. NJ civil negligence suits against drunk drivers can help victims get their lives back on track.
Inclement Weather Accidents
During heavy rain, snow, and ice, some motorists tend to drive way too fast for the 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 accidents can occur.
Can You Sue the State of New Jersey in a Lawsuit for a Car Accident?
If you’re involved in an auto accident in New Jersey you could sue if you’re injured. You could also sue if you’re not injured to cover initial medical expenses and other related expenses like property damage. New Jersey’s different than New York for personal injury.
In New York automobile insurance is mandatory, you have to have minimum coverage in order to drive or register a vehicle. So in New York you need to have minimum insurance coverage in order to register your vehicle.
In New York minimum coverage is $25,000 if you injure one person or $50,000 maximum if you injure more than one person. Also in New York in order to register a vehicle you must have what they call no fault insurance. No fault insurance in New York covers you for all of your medical expenses even if you don’t have health care coverage.
If you have a car in New York you’re going to get your medical expenses paid by the automobile policy and what a lot of people don’t know is it also covers you for lost wages.
Now in New Jersey the legislature deemed that the kind of coverage New York requires to put a car on the road is not necessary in New Jersey. You could actually opt out of insurance in New Jersey and still register your vehicle.
In New Jersey you can have no liability coverage and no no fall coverage and still drive a vehicle so if you’re injured by someone driving a vehicle registered in New Jersey that vehicle may not have any coverage and you need to investigate that case really quickly.
If you’re injured and that vehicle doesn’t have coverage then you only have two options. One is the possibility that somebody else is responsible for the accident. For example maybe there’s a defect in the road or maybe the traffic light was out or the stop sign was down or there was a pothole created by a municipality that is responsible for your accident.
What you need to find is somebody that is responsible and that would be able to compensate you for your accident and for your injuries sustained in that accident.
In order to do that you want to get the lawyer and maybe an investigator out there right away to investigate that accident immediately. You need to get the evidence at the scene right away. What happens if there are skid marks?
Those marks can tell a lot about an accident and those skid marks are only going to be there for a certain number of days. Skid marks are very important because there is actually a mathematical formula that lawyers can use to figure out how fast the vehicle was going based upon the length of the skid mark.
Frequent Types of Car Accidents in NJ
A rollover is a type of accident in which a vehicle tips over onto its roof or its side. All kinds of vehicles can roll over, 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, a curb or another vehicle. Rollover accidents are viewed as the most dangerous types of car accidents, and many individuals involved sustain fatal injuries.
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. Approximately 40% 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 the more than two million accidents that happen at intersections every year in the United States, most of them involve left turns. Often, 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 other type of crash, an individual can suffer serious injuries. When that happens, the best car accident attorney in NJ can help them get much-needed compensation.
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 limited-access highways, turnpikes or expressways, 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 often occur when one driver fails to check their blind spot 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 or even fatal for those involved. Head-on collisions usually are the result of driver error, driver distraction, drunk driving or brake failure.
A side-impact collision, also known as a T-bone accident, happens when one vehicle’s front end impacts the side of another vehicle, often 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 they might in a rear end collision. Of course, the severity of the accident will depend on the vehicles’ 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 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 those conditions. These types of accidents can be particularly complex to litigate because more than one individual or entity can be liable for the injuries that occur.
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 are always less severe.
Underinsured/Uninsured Motorist Accidents
Unfortunately, many car crashes 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, but 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 uninsured and underinsured motorist (UM/UIM) coverage.
A hit-and-run is a traffic accident in which the driver at fault intentionally leaves the scene of the accident without providing contact information to anyone else involved. Too often, 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 UM/UIM coverage.
Regardless of the type of accident you’ve been involved in in New Jersey, the skilled and dedicated lawyers at Parker Waichman are here to help you. Contact us today to schedule your free case consultation and learn what the best car accident attorney in NJ can do for you.
Car Accident Injuries in New Jersey
When you work with the experienced New Jersey car accident lawyers at Parker Waichman, you can count on our knowledgeable and tenacious advocacy to make the strongest possible case for compensation on your behalf. We’ve represented clients who have sustained a variety of injuries, including:
- Neck bones
- Traumatic brain injuries
- Spinal cord injuries
- Herniated discs
- Chest injuries
- Abdominal and pelvis injuries
- Torn ligaments
- Severed limbs
- Other leg, knee, and foot injuries
- Emotional distress
- Traumatic cardiac arrest
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, the New Jersey car accident lawyers at Parker Waichman can help. Call us today to get started finding the best car accident attorney in New Jersey for your case.
Frequently Asked Questions About Car Accidents in New Jersey
What Should I Do if I Am in a Car Accident in New Jersey?
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 out of 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’s 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 the accident to the New Jersey Motor Vehicles Commission. It’s 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 right to compensation.
How Long Do I Have to File a Car Accident Lawsuit in New Jersey?
In New Jersey, the statute of limitations for a car accident or other personal injury case is two 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.
What Is Comparative Fault, and Is There Such a Thing in New Jersey?
In some car accident cases, the party against whom you are litigating 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. 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 you were 30% at fault for the accident, then you would be able to recover 70% of the damages, or $35,000. However, if you are more than 50% at fault, you will likely not recover any damages.
What Is the No-Fault Car Insurance System in New Jersey?
In New Jersey, motorists are required to carry automobile insurance with minimum liability coverage. It’s 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’s 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.
If I Have No-Fault Insurance, Why Would I Have to Prove Fault in a New Jersey Car Accident?
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. 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 generally will not be able to file a claim against another individual for non-economic damages. However, if your accident resulted in permanent 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.
How Can I Establish That Another Party Was at Fault for My Car Accident?
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 to avoid injuring others. Some examples of behavior that might be considered unreasonable or negligent include texting while driving, speeding or 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 the testimony of an accident reconstruction expert.
Why Choose Parker Waichman for Your Car Accident Lawsuit?
The experienced New Jersey car accident lawyers at Parker Waichman 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 $2 billion 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 compensation to the fullest extent possible.
When you choose a New Jersey auto accident attorney at Parker Waichman, you’ll be choosing a law firm with a reputation for excellence. We’re highly regarded by judges, defense attorneys, and our peers, earning honors such as Martindale-Hubbell’s highest peer-review rating and a listing in Best Lawyers. We’ve even earned a 9.8 out of 10 rating from AVVO.
But while these honors are appreciated, we’re more focused on the satisfaction of our clients. We strive to protect the legal rights of all of our clients and work tirelessly to secure the best possible results in every case.
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If you’re searching for the best car accident attorney in New Jersey, look to the skilled lawyers at Parker Waichman. When you work with us, you can expect knowledgeable and tenacious advocacy, and since we work on a contingency-fee basis, you’ll get excellent representation at no cost to you.
If you’ve been hurt in an auto accident, call us today at 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our contact form to schedule your free, no-obligation consultation.
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