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what are the common types of car accident lawsuits
what are the common types of car accident lawsuits

What Are the Common Types of Car Accident Lawsuits

Experienced Car Accident Lawyer in New Jersey

Car accidents can cause physical, emotional, and financial harm. This blog post will discuss what are the common types of car accident and how New Jersey Injury Lawyers P.C. may help you. At New Jersey Injury Lawyers P.C, we know vehicle accident cases are complicated. Our skilled New Jersey automobile accident attorneys help clients navigate the legal system and receive appropriate compensation for their injuries and losses. To discuss your vehicle accident claim, contact New Jersey Injury Lawyers P.C to schedule a consultation. We’ll protect your rights throughout the legal process with our uncompromising client advocacy and proven results. Don’t let a car accident define your future. Let us help you secure the justice and compensation you deserve.

What Are the Common Types of Car Accident Lawsuits in New Jersey?

The following list offers a summary of the most common types of car accident lawsuits in New Jersey.

Drunk Driving Crashes

Drivers under the influence of alcohol are what cause drunk driving. Tragically, drunk driving has killed many Americans. These preventable deaths have led to several personal injury and wrongful death lawsuits.  Drunk drivers’ negligence makes it easier to prove liability and seek justice for victims and their families.

Distracted Driving Collisions

Distracted driving in New Jersey often ends tragically. Distracted driving—using a cell phone, talking to passengers, or eating and drinking—has caused several fatalities in the state.

Texting While Driving Collisions

Texting and using cell phones while driving have become frighteningly common forms of distracted driving. These practices are quite dangerous. Texting and mobile phone use while driving can cause serious injuries and wrongful deaths, even without drinking or speeding. 

Speeding and Aggressive Driving Collisions

Aggressive drivers intentionally harm other drivers. Speeding, tailgating, and lane changes are examples. These actions are purposeful, making determining liability easy.

Side-Impact Accidents

Side-impact incidents include more than just “T-bone” crashes, where a motorist runs a red light and hits the right or left side of a straight-ahead car.  Same-direction sideswipes occur when a car makes an incorrect turn and impacts another vehicle driving in the same direction, and opposite-direction sideswipes occur when two vehicles approaching from opposing directions crash when one crosses the centerline.

Head-On Accidents

Two automobiles meet head-on when they approach from opposite directions. A car crossing a traffic line into oncoming traffic or turning into the incorrect lane causes these incidents. Front airbags save lives and reduce injuries in such events.

Multiple Vehicle Crashes

Multiple-vehicle crashes make determining culpability and getting compensation difficult. Due to the higher number of vehicles involved, these collisions can cause more injuries.  Before filing an insurance claim or lawsuit, a multi-vehicle accident must be thoroughly documented and assessed. To identify accountable parties and navigate the legal procedure, seek legal advice.

Pedestrian Car Accidents

Pedestrian car accidents are dangerous because pedestrians have little protection from a several thousand-pound vehicle. Fortunately, motor insurance covers pedestrians. Accident victims can sue for personal injury compensation.

Uber and Lyft Accidents

Ridesharing businesses are increasingly being held liable for their drivers’ activities. New Jersey law requires Uber and Lyft drivers to be skilled and professional.  Rideshare businesses may be liable for accidents involving their drivers. Our personal injury attorney can represent you in negotiations with huge corporations, which can be difficult.

What to Do Following a Car Accident in New Jersey?

Stop and Then Move Your Car

New Jersey law requires you to stop and transfer your car after an accident. However, you must park as close as possible to the crash location.

Call for Help

No matter the accident, call the police. Accidents involving death, injury, or property damage above $500 must be reported immediately in New Jersey. An accident report might help your legal claim by documenting the scene’s facts and conditions. The police can also collect tire tracks, car damage, property damage, weather conditions, and other accident elements.

Examine Your Own and Others’ Condition

Post-accident physical checks are crucial. Avoid leaving your vehicle or moving if your injuries prevent you from doing so. Wait for help. If you can move safely, check on your passengers and then the other accident victims.

Obtain Witness Information

Accident witnesses matter. The police report may not list all witnesses. Police prioritize scene preservation, medical needs, and traffic disruptions.  Therefore, well-intentioned spectators and helpful people who stop at the accident scene generally depart once they see first responders have everything under control. If possible, get witnesses’ contact details before they leave.

Photograph the Accident Scene

Accident scene photos can help your case. They show the damage, weather, street signs and signals, and other circumstances that may help determine the incident’s details. Such photos might strengthen your case and clarify the accident.

Obtain a Medical Examination

Even if you don’t think you’re hurt, be checked out by a doctor. Unnoticed injuries may appear days or weeks after an injury.  It’s hard to link accident symptoms to delayed medical care. After an accident, you should visit a doctor, urgent care center, or hospital to ensure your health and document any injuries.

Contact Your Insurance Provider

Report the collision even if you don’t plan to file a claim. Paying for a car accident without insurance has pros and cons.  Your vehicle may sustain more damage than expected, or you may develop medical issues days after the crash, requiring you to use your insurance. If the accident isn’t reported in time, certain insurance companies may deny coverage.  Reporting is different from claiming. You can report the incident even if you won’t sue.

Contact a Personal Injury Attorney

Your insurance company can quickly settle a minor accident claim. However, if the accident results in ongoing or future medical treatment, loss of pay, or an insufficient insurance settlement, you should consult with our New Jersey car accident lawyer. We can help you understand and safeguard your rights in your complex circumstances.

What Are New Jersey Negligence and Liability Laws?

Despite New Jersey’s no-fault system, major car accidents might exceed an individual’s insurance coverage. The victim or family may have to file a car accident lawsuit or wrongful death claim against the at-fault driver. Car accident lawsuits require the following:

Duty 

The plaintiff (damaged party) must prove the defendant was liable to proceed with a lawsuit. Our responsibilities to others differ depending on the situation. You can owe someone without knowing them. For instance, drivers must avoid harming other road users like motorists, pedestrians, and bicyclists.

Breach of Duty

Personal injury claims require proof that the defendant breached their duty of care. In a car collision, this suggests the driver was negligent, either by acting or not acting. A cautious driver can misjudge another vehicle’s speed and still be negligent. Despite the driver’s caution, such errors are negligent.

Causation

Next, assess if the defendant’s negligence directly caused the accident. If a car rolls through a stop sign and you didn’t observe before crossing the intersection, who caused the accident? Assessing the collision’s causes and each party’s role is crucial.

Injury

A claim requires an injury. A low-speed rear-end collision may leave you irritated but unhurt. You cannot claim damages without an injury or property damage.

Damages

Damages are monetary recompense for losses. You can sue for automobile accident-related financial losses. Accidents cause economic and non-economic damages.  Medical bills, missed wages, and other economic damages are quantified. Non-economic losses include pain, suffering, loss of companionship, and emotional discomfort. Due to their subjectivity and severity, these damages are harder to calculate.

How is Fault Determined in a Car Accident Lawsuit in New Jersey?

As you can see, New Jersey automobile accident liability can drastically affect compensation. Never naively accept an insurance company’s fault determination. Minimizing claim payouts protects insurance company profits. Thus, they may deny culpability for their insured driver or blame the other party. Their goal is to pay nothing. Fortunately, our personal injury lawyer is dedicated to protecting your rights. They will conduct an independent investigation into your accident, which may yield a different determination of fault compared to the insurance company’s assessment.  Luckily, our personal injury lawyer fights for your rights. They’ll investigate your accident independently, which may change the insurance company’s fault conclusion. If the insurer refuses to settle, we can use this evidence-based judgment in court. Evidence like:
  • Photographs of the accident scene and the vehicles involved in the collision
  • Official police report detailing the incident
  • Statements provided by eyewitnesses, including passengers and bystanders
  • Retrieval of red light camera footage or surveillance camera footage, if available
  • Examination of electronic data recorder (or “black box”) information from the vehicles involved
  • Analysis of breath, blood, or urine test results for alcohol or drug presence
  • Review of cell phone records for potential distracted driving evidence
Accident reconstruction experts can carefully evaluate the evidence to determine fault. Our car accident lawyer can use the expert’s findings to negotiate with the insurance company. The expert may have to testify before a jury if the insurance company refuses to deal fairly. Driver misconduct can establish fault in New Jersey. This is negligence per se. A driver’s speed or intoxication at the moment of the crash would presumptively be to blame. Some collisions aren’t the result of careless driving by another driver. Instead, a motor vehicle or component manufacturer or government agency responsible for poor road design or maintenance may be at fault. A mechanic’s poor repairs may potentially be responsible for the crash.

How Long Will My Car Accident Lawsuit Take in New Jersey?

Personal injury lawsuits are difficult to estimate. Trials might take months or years after a lawsuit is filed. This includes discovery, motions, preliminary proceedings, and the trial. Settlements can resolve cases in a few months, but timelines vary. Our personal injury attorney can help you avoid court appearances.

What Are the Average Settlement Amounts for New Jersey Car Accident Lawsuits?

Each vehicle accident claim is unique, and settlement details are usually confidential. Thus, there is no definitive claim value. However, our skilled New Jersey personal injury attorney can help you evaluate your case by considering average car accident settlement figures and your individual circumstances. An insurance claim seeks to return you to your pre-accident state. We will examine a variety of evidence,, including:
  • Costs related to medical treatment
  • Assessment of future medical treatment requirements
  • Verification of income through pay stubs
  • Estimates for vehicle repairs
  • Evaluation of insurance coverage limits
Our attorney will estimate personal injury claim damages based on the facts supplied. Personal injury claims include economic, non-economic, and punitive damages. Economic damages comprise lost wages, impaired earning ability, property damage, and medical expenses. Personal Injury Protection (PIP) policies may cover these losses, however they may not cover all costs. Non-economic damages compensate people for intangible losses. These losses can include pain, suffering, loss of pleasure in life, emotional strain or mental anguish, scars, and disfigurement. Non-economic damages address injury-related emotional and psychological effects. Your case and evidence will determine damages. Our experienced automobile accident lawyer will help you analyze damages and seek reasonable compensation for your injuries.

What Are the Time Limits and Damage Caps in New Jersey?

Know your case’s deadlines and limitations before suing someone. New Jersey car accident lawsuits have a two-year deadline. After this period, you cannot sue the other party. An exception to this is the discovery rule. The discovery rule is a legal principle that helps extend the time limit for filing a lawsuit until the victim or a family member becomes aware of their injuries. In simple terms, the clock starts ticking on the two-year limit only when they find out that their injuries resulted from the car accident. Some states limit monetary damages. Damage limitations apply. In significant or willful misbehavior, New Jersey caps punitive damages.  Punitive damages cannot exceed $5 times compensatory damages or $350,000. New Jersey claimants must know these legal restrictions.

What is the Modified Comparative Negligence Standard in New Jersey?

New Jersey applies modified comparative negligence to personal injury lawsuits. If you are less than 50% at fault for an accident, you can still demand damages, but your share will be reduced. You cannot obtain compensation if you are more than 50% at fault. Let’s say the jury awards $100,000 in damages. If you are 20% at fault and the other party is 80%, you can obtain $80,000 in damages. If you are 60% at fault, you cannot claim compensation since you exceed the 50% barrier. The degree of each party’s fault has a significant impact on a personal injury case’s compensation under New Jersey’s modified comparative negligence standard.

How Can Our Experienced New Jersey Car Accident Lawyer Help?

Our car accident lawyer can help you manage your New Jersey car accident lawsuit and increase your chances of a successful conclusion. Our skilled New Jersey automobile accident lawyer can help in these ways:

Right Legal Guidance

Our car accident lawyer knows New Jersey’s vehicle accident laws. We help you understand your rights and options throughout the legal process. We can help you pursue your claim efficiently, using our experience.

Investigation and Gathering Evidence

A solid case involves much research and proof. We will investigate the accident using accident reports, witness statements, photographs, video footage, and medical data. This proves liability and supports your claim.

Determining Liability

Car accident responsibility can be complicated. Our personal injury lawyer will investigate the accident, assess the evidence, and determine fault.  We will meticulously prove liability and hold the responsible party accountable, whether it includes another driver, a negligent pedestrian, or a defective auto part.

Negotiating With Insurance Companies

Insurance firms attempt to reduce compensation, making dealing with them difficult. Our experienced New Jersey automobile accident lawyer will handle all insurance company talks on your behalf.  We will fight for reasonable compensation for your injuries, medical expenses, property damage, missed wages, and other damages.

Litigation and Court Representation

Our lawyers will litigate if negotiations fail. We will create a solid lawsuit plan, represent you in court, and defend your rights. We can help you win the trial.

Peace of Mind

After a car accident, injuries and emotional turmoil can make recovery difficult. You can focus on healing while our New Jersey car accident lawyer handles complex legal problems. We’ll provide you peace of mind in difficult times. If you’ve been in a car accident in New Jersey, contact a trusted car accident lawyer at New Jersey Injury Lawyers P.C. Our personal injury attorneys will fight for your rights, represent your best interests, and help you settle your automobile accident claim.

We Can Help You Navigate the Common Types of Car Accident Lawsuits in New Jersey

Car accidents can change your life, but you don’t have to confront legal issues alone. Understanding the common forms of car accident cases and hiring a professional car accident lawyer is essential to protecting your rights and getting the compensation you deserve. Avoid vehicle accident lawsuits’ complexity. Contact New Jersey Injury Lawyers P.C. immediately to book a consultation and learn how our committed team can assist you. Our relentless client advocacy and track record of accomplishment make us your valued legal ally. Trust our expertise and resources to win your New Jersey automobile accident lawsuit. Our litigation office also handles bicycle, car, commercial vehicle, and transit accidents. New Jersey Injury Lawyers P.C. handles personal injury litigation.
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