Insight from an Auto Accident Lawyer Trenton, NJ

Insight from an Auto Accident Lawyer Trenton, NJOur auto accident lawyers in Trenton, NJ will tell you that in the wake of an auto accident, it’s important that you take the time to find an attorney who can help protect your interests. An auto accident can happen in a moment’s notice, forever changing the course of your future. In addition to acquiring costly medical bills while obtaining treatment, you stand to be facing significant injuries that can leave you impacted for the long term. Because of this, it’s important that you take the time to find the right attorney for the job. With so many auto accident lawyers available in Trenton, NJ, the process for choosing the right lawyer for the job can be overwhelming. At Davis & Brusca, LLC, our experienced lawyers are prepared to assist you in facing the process head on. 

Top Reasons Car Accidents Occur

When you set out in your motor vehicle, one of the last things on your mind is the likelihood that you would fall victim to a car accident. There can be a number of factors that contribute to a car accident. The following, are some of the most common reasons that car accidents occur:

  • Distracted Driving
  • Drunk Driving
  • Reckless Driving
  • Speeding
  • Improper Turns
  • Weather
  • Road Rage

Our auto accident lawyers from Trenton, NJ have represented auto accident cases that have occurred in a number of ways. Because of this, we will know exactly which elements to look for in order to build a strong case for you. 

Common Types of Injuries From Car Accidents

Injuries can range in severity. Some injuries may be minor enough to allow an auto accident victim the opportunity to sustain a full recovery. However, our Trenton, NJ auto accident lawyers have seen injuries impact a person’s life forever. Common injuries that could result from a car accident include: 

  • Head Injuries
  • Back Injuries
  • Broken Bones
  • Spinal Cord Injuries
  • Soft Tissue Damage
  • Internal Bleeding

Even minor injuries can take time to heal. Following an auto accident, your life is surely to be impacted. You may be contending with lost wages from time away from work, exorbitant medical costs, physical suffering, emotional trauma and more. Call our trusted Trenton, NJ auto accident lawyer today, we are fully prepared to represent you to our fullest extent. 

Were You Injured by a Distracted Driver?

What is Distracted Driving?

Distracted driving is described as any activity that diverts a driver’s attention away from the road. All such distractions are considered dangerous for not only the distracted driver, but also passengers, occupants of other vehicles, and pedestrians. In order to combat this hazard, states have enacted laws against cell phone use while operating a vehicle. A consultation with an auto accident lawyer in Trenton, NJ can help you understand the laws and how they apply to your case.  

While texting and talking on a cell phone do contribute to the large number of accidents caused by distracted driving, this is not the only activity responsible. As mentioned, this type of driving is classified as any activity that makes a driver incapable of giving full attention to the road. It can be anything that causes the driver’s mind to be preoccupied, their vision to be obstructed, or their hands to be in use for something other than operating the motor vehicle. Some specific causes of distraction, other than using a cell phone, include:

  • Eating and drinking
  • Grooming
  • Looking at maps or GPS devices
  • Changing the radio station
  • Tending to pets
  • Interacting with passengers

While it is easy to feel the need to split your attention, and there are many sources of distraction, that does not lessen the severity of inattentive driving. If you have been injured due to someone else’s carelessness behind the wheel, an auto accident lawyer in Trenton, NJ may be able to help you.

How Do You Prove Distracted Driving?

Proving that the person who caused the accident was driving distracted is not always easy. Oftentimes, the person at fault will deny they were engaged in irresponsible activities like texting or reading a map. If they do not admit their wrongdoing, how can you prove it in court?

The lawyers at Davis & Brusca, LLC know that this task is not easy, but it is possible. Witness statements are valuable in cases where the at-fault driver denies being distracted. Passengers or bystanders may have noticed the person’s behavior prior to the crash. Cell phone records can be obtained to prove the driver was using their cell at the time of, or immediately preceding the crash. Even without an admission, fault can still be proven in many cases.

Reach out to an experienced auto accident lawyer in Trenton, NJ, like the attorneys at Davis & Brusca, LLC.

Tips for Finding Choosing the Right Trenton, NJ Auto Accident Lawyer

Following an auto accident, it’s imperative that you act quickly. Your time to take action will be limited. Although it’s important that you not delay in contacting a lawyer, you will want to be sure that you choose a qualified Trenton, NJ auto accident lawyer to take your case. Take the time to:

  • Research attorneys in your area
  • Ask prospective attorneys for references
  • Take advantage of their complimentary consultation
  • Choose an attorney experienced in representing auto accident cases

No person should manage their car accident without the legal protections that an auto accident lawyer based in Trenton, NJ can offer you. Our experienced and dedicated legal staff can provide you with peace of mind in knowing that you are in the very best of hands. Call Davis & Brusca, LLC, Trenton, New Jersey auto accident lawyers who are standing by to help you take control of your auto accident. 

Working with an Auto Accident Lawyer Trenton, NJ

If you are injured by someone else’s actions, it is in your best interest to speak with an auto accident lawyer Trenton, NJ to get the legal representation you need. You are likely owed compensation for their actions, and it is much easier to win the trial and get that compensation with the help of a specialized lawyer. You may be wondering what you should bring to the first visit with your auto accident lawyer Trenton, NJ. Of course, any lawyer who is worth hiring will be more than happy to answer this question if you ask when setting up the appointment, but in case you still do not know, take a look at this list.

Your First Lawyer Visit Checklist

There are a few general things that you should always bring when visiting your auto accident lawyer Trenton, NJ no matter what your specific situation is. These are:

  • Pen and paper to take notes.
  • Payment for the consultation. Some lawyers do not charge for the initial visit.
  • A list of questions you have for your lawyer.

Specific Things To Bring

Depending on your situation, there are probably many other items that you should bring alongside the general items listed above. However, it will depend heavily on your case. It is theoretically possible for none of these items to apply to you, so do not worry if you show up with your hands nearly empty. Your auto accident lawyer Trenton, NJ is there to help you, after all.

  • Accident report – If you called 911 after the accident, they will have also filed a police report, which is good to bring. Police will provide you with a copy if you ask for one.
  • Witness statements – It is always a good idea to talk with anyone who witnessed the accident. Bring witness contact information as well.
  • Medical reports and bills – It is important for Trenton, NJ auto accident lawyers to understand the extent of your injuries and how much you had to pay.
  • Personal information – The more personal information on both you and the defendant, the better.
  • Relevant insurance documents – These may include automobile insurance policies if you were in a car accident, health insurance policies, or homeowner’s insurance policies. Also, bring your insurance contact information.
  • All contact you have had with the defendant since the accident – You should avoid contacting the defendant, but always keep any contact they make with you, including letters and emails.
  • Receipts – If you had to purchase anything because of the accident, such as medication or a cane, you can be compensated for it.

If you have not contacted an auto accident lawyer Trenton, NJ yet, that should be your first step. The team at Davis and Brusca, LLC is ready to help.

What is an independent medical exam?

When a person has been injured in an accident and needs medical treatment, the extent of the injury will be a central focus. The parties responsible for the injury, or the insurance companies paying for the treatment, may seek to dispute the need for care or the extent of the injury and may hire an “independent” doctor to examine the injured person. This is commonly called an “independent medical examination”, or IME. As a skilled Trenton, NJ auto accident lawyer at Davis & Brusca, LLC can explain, this is more properly called a defense examination, as the goal is to resolve the opponent’s questions about your injury or medical condition, as well as, the necessary treatment, and the possibility of permanent impairment, in a manner favorable to the insurance company or defendant; not the injured person.  This is certainly “not fair” and can feel a bit like adding “insult to injury.”  Unfortunately, the process is mandatory. Learn More About The Emotional Impact Of Auto Accidents.

Who Can Request an IME?

In general, any of the following most commonly request IME’s:

  • An insurance company
  • A workers compensation insurance company
  • A self-insured employer
  • A Trenton, NJ auto accident lawyer

Who Chooses the Doctor for an Independent Medical Exam?

In theory, independent medical exams should provide an “objective” assessment of your injury or condition. The goal is to:

  • Confirm you were injured, or are ill;
  • Verify the treatment you have received and need;
  • Whether you are permanently impaired; and,
  • Your ability to work in the future.

Whether your IME is actually objective will be dependent on how the doctor is chosen, and how that doctor is aligned with the defendant or requesting carrier. As an experienced auto accident lawyer in Trenton, NJ can tell you, many of these exams are performed by doctors who are essentially on the insurance company’s payroll and who rarely, if ever, provide a neutral and objective opinion.

The rules governing IME’s vary from state-to-state. In general, when an insurance company requests an IME, they will also choose the doctor. Our Trenton, NJ auto accident lawyers have seen this cause significant controversy because these doctors are being paid by the insurance company. Therefore, there is a risk of subjective opinions and biases. Furthermore, it would be in the doctor’s benefit to reduce the insurers costs by minimizing the extent of your injury or illness, as well as, the need for treatment. Depending on the state you are in, you may be able to request a second IME if the first gives an opinion in conflict with your own treating doctor and with which you do not agree. However, you generally do not have a right to refuse the examination, as it is generally a condition of your right to have the insurance company pay for your medical treatment or of the right to prosecute your legal claim.

What You Should Know About an Independent Medical Exam

Before you undergo an independent medical exam, there are a few things our Trenton, NJ auto accident lawyers want you to consider carefully:

  1. Be prepared to answer questions. During the exam, the doctor will likely ask you questions about your medical history, how the injury or condition occurred, and what treatment you have received. Conflicting information about this history may jeopardize your rights or your case. If you have a Trenton, NJ auto accident lawyer, you should discuss how to deal with this for your particular case and whether it is a good idea to have this information written down beforehand so that it is as accurate as possible.
  2. An IME is not private or confidential. Our auto accident lawyer in Trenton, NJ stresses the importance of having careful conversations with the doctor of the exam as it will not be kept confidential. Unlike a typical patient-physician conversation, anything you say to the “IME” doctor, as well as anything that a doctor observes, could be used in court and will be conveyed to 3rd parties.
  3. The doctor may review your medical records first. The doctor performing the examination will likely be sent any relevant medical records or other documentation, possibly including the accident report. The doctor may also review details about the emergency care you were given, and will likely scrutinize these reports for anything which conflicts with your reported complaints or history. An auto accident lawyer from Trenton, NJ wants you to be aware that the person requesting the IME (usually a lawyer or insurance company), may also send a letter to the doctor beforehand containing a summary of what happened, and specific questions they want the doctor to ask you. It will, therefore, be very important that you are prepared to give accurate information about your medical history and that you choose your words carefully.
  4. A draft is sent to all parties. After the IME has been performed, the doctor will draft a report and send it to all involved parties. You can ask for a copy of the report to evaluate its accuracy. If you’re unsure about anything in the report or have concerns about your IME, you should speak with an experienced Trenton, NJ auto accident lawyer.

What Should You Expect During Your Auto Accident Claim?

If you have been injured in a collision and have decided to take legal action, you may be wondering what this process will entail. Each case will be different and depends on the specifics of your situation, but having a general idea of what is usually involved can help ease some anxiety you may be feeling.

In The Beginning

Building your case is crucial in this pre-litigation step. You will likely have a consultation with an auto accident lawyer in Trenton, NJ, and your attorney will determine if the facts of your case present grounds for a valid personal injury claim. Collecting evidence and documentation that a case can be developed from is important at this point in the process. Medical records, witness statements, and any other proof of the accident itself and how it has impacted your life will be helpful.

Before filing a lawsuit, you may work with an attorney to negotiate with the insurance company.  The at-fault driver’s insurance company will be liable for any damages caused and the attorneys at Davis & Brusca, LLC may be able to help you navigate this difficult negotiation stage. If the insurance company does not offer a settlement that is appropriate for you, litigation may be necessary.

Next Steps

Filing a lawsuit and undergoing rigorous court proceedings can seem daunting and frightening, but you don’t have to go into this alone. A skilled auto accident lawyer in Trenton, NJ, can provide reassurance and support to you while also remaining firm against the insurance company. The first part of a lawsuit is usually the discovery process. This is when parties in the lawsuit share information to prepare both sides’ counsels for trial.

The deposition will likely be next, which is similar to witness statements but more formal. The statements given in the deposition are under oath and transcribed by a court reporter. These verbal accounts of the incident can be from witnesses, police officers, and expert witnesses. You may also need to be deposed during this process.

You should also be prepared to go through mediation, which can sometimes resolve disputes and provide you with an acceptable offer. If mediation fails, you will go to trial and an auto accident lawyer in Trenton, NJ, will present your case to court. Working with compassionate and competent attorneys, like those at Davis & Brusca, LLC, can help you get through this difficult process.

How To Stay Safe While Driving in New Jersey

If you live in the local New Jersey area, you understand that traffic can be heavy. Regardless of whether you are navigating the Garden State Parkway or driving down Route 1, you need to keep your wits about you. There are lots of people who drive dangerously in New Jersey, and some of them can be downright aggressive. What do you need to do to stay safe while driving? Remember that if you are involved in an accident, you should reach out to an auto accident lawyer in Trenton, NJ, such as Davis & Brusca Trial Lawyers.

Take Your Time

First, you need to make sure that you take your time. You do not need to be in a hurry to get anywhere. If you rush, you are more likely to make a mistake. These mistakes could even lead to a motor vehicle accident. If you feel rushed, try to leave earlier. That way, you allow a few extra minutes for potential traffic jams.

Beware of Jughandle Turns 

When you drive in New Jersey, you need to be aware of jughandle turns. You will not always be allowed to make a left-hand turn. Sometimes, you may have to pull off to the right and make a left turn to go back the other way. Make sure you keep an eye on the signs. You do not want to miss your turn, and you do not want to get frustrated by changing traffic patterns. If you are involved in a motor vehicle accident, reach out to an auto accident lawyer in Trenton, NJ. 

Do Not Follow Too Closely

Finally, do not follow too closely. Even though there is a lot of heavy traffic in New Jersey, you still need to allow plenty of space between your car and the car in front of you. You should try to leave one car length between your car and the car in front of you for every 10 mph of speed. That way, you give yourself time to react to changing road conditions. 

Contact an Auto Accident Lawyer

Even if you keep all of these tips in mind, there is a chance that you could still be involved in a serious motor vehicle accident. If you are in a collision, be sure to reach out to a doctor. Then, contact an auto accident lawyer in Trenton, NJ, such as Davis & Brusca Trial Lawyers, who can conduct a full investigation. You could be entitled to compensation. 

Have You Been Asked to Undergo an IME?

Regardless of what your situation circumstances might be, if you have been asked to partake in an independent medical examination, you should call the lawyers at Davis & Brusca, LLC to help ensure your rights are protected. Davis & Brusca are proud to be the auto accident lawyer Trenton, NJ relies on. Call us today so that we can help.

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