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With so many vehicles crowding the nation’s highways, car accidents are a common occurrence in the United States. In fact, statistics show that more than 30,000 people are killed in car accidents every year, and many more suffer injuries. Even simple car crashes can be a huge headache for everyone involved, causing injury, disability, and financial hardship, in addition to the hassle of dealing with car repairs and insurance claims.
If you’ve been injured in a car wreck that was not your fault, seek counsel from an experienced car accident attorney in Trenton, New Jersey right away.
Many factors can cause a car wreck to occur and, unfortunately, even if you personally engage in safe driving behaviors, you can end up in a collision. Reckless driving behaviors that often result in a crash include:
Car accidents can also be caused by factors outside of the drivers’ direct control. Conditions such as inclement weather, poorly maintained roads, or automotive defects can cause drivers to lose control of their vehicle. In these cases, the vehicle’s designer or manufacturer, roadway designers, or government or private entities responsible for road maintenance may be liable for any ensuing injuries.
When negligence is a factor in a collision, victims may be able to pursue legal action against the driver or other responsible parties to recover compensation for medical costs, lost wages, and pain and suffering. At Davis & Brusca, LLC, each experienced Trenton, New Jersey car accident lawyer is here to help you in all aspects of the legal process so that you can focus on your recovery.
Injuries from car accidents can range from minor cuts and bruises to severe injuries such as:
Injuries from car accidents often require a long recovery period and may leave victims with a permanent disability. In addition, victims are often left with a heavy financial and emotional burden after the accident. If you or a loved one has recently been the victim of a car accident, seek out professional guidance from a Trenton, New Jersey car accident lawyer.
Being injured in a car accident can be a traumatic experience. When the accident is caused by a drunk driver, the experience can be even more frightening. These crashes are often more severe than other types of accidents can often result in more serious injuries. Knowing what to do in the event of this type of crash can ensure that your Trenton, New Jersey car accident attorney can get you the financial compensation you deserve.
The first step should always be to address your injuries. Call 911 from the scene of the accident. You may be taken to the hospital by ambulance. These accidents can be very serious and may cause injuries that leave long-term or permanent damage. Even injuries which, at first blush, appear minor should be looked at by a doctor. Some serious injuries may take time to reveal themselves and even truly “minor” injuries may require a doctor’s oversight to make sure they heal properly. Find a doctor you trust to help you recover.
If others are in your vehicle, assess their injuries as well. Do not try to move anyone who may be seriously injured.
If you are able, do your best to document the scene. Speak with witnesses and get their contact information. Take photographs of the scene or do a video walkthrough. If it is not possible to do this immediately following the crash, take pictures of the involved vehicles as soon as possible. Go back to the scene and document visible evidence such as skid marks. Your Trenton, New Jersey car accident attorney will use whatever information you gather as evidence in your case.
Contact the police department that handled the accident and request a copy of the accident report. This report will contain valuable information that can help you and your lawyer ensure that your claim is handled properly.
It is important that you get this information as quickly as possible. Skid marks fade, and so do witness’s memories. If you are too severely injured to do this yourself, ask a friend or family member to do so on your behalf.
While you have an obligation to cooperate with your own insurance company, that duty does NOT apply to the other driver’s insurance company. Remember that this other insurance company cannot be expected to look out for YOUR interests. Rather, it is their OWN interests which will be foremost in their minds. You can expect the other driver’s insurer to contact you, likely within 24-48 hours of the accident. When their client is at fault, the insurance company may try to settle the case as quickly as possible in order to avoid paying an amount that is truly fair. They may try to convince a victim they do not need a lawyer. They may even try to trick the victim into saying something that can be twisted into a form of admission to having contributed to causing the crash. These conversations are usually recorded. This is why never speak to the insurance company without first consulting with a lawyer.
If you have been involved in a car accident, it is important to be able to prove who is liable, regardless of whether you intend to proceed with an insurance claim or a personal injury lawsuit. If you can support your position as to how the crash occurred with hard evidence, you may prevent the insurance company from unfairly increasing your rate or, if you proceed with a claim, this proof is helpful in leveraging a favorable settlement or proving your case in court.
Determining who is at fault is simple for certain types of car accidents; for example, rear-end collisions. Drivers should leave enough space between them and the car in front of them to stop if needed. That way, if the front car makes a sudden stop, there is enough time to brake without causing an accident. However, liability is not always clear and, depending on the facts, there may be more than one party who is at fault for the accident. When this is the case, New Jersey law will “apportion” responsibility in such cases according to the parties’ respective “percentage” share of fault. Insurance companies will generally try to use this law to argue that you were somehow at fault, as this will reduce the amount they may have to pay for damages by the percentage they attribute to your conduct.
What if both drivers involved in a crash actually do share the blame? Can you still bring a claim if you were “comparatively negligent?” The answer depends on how much blame you share. New Jersey follows a “modified comparative negligence rule.” This means that a person can only bring a claim if they were not more responsible than the other person. In short, if you bear 51% or more of the blame, you cannot bring the claim in New Jersey.
If a person is partially responsible, but no worse than 50/50, the amount of compensation they are entitled to receive for the harms and losses caused by the crash is reduced by their percentage of fault for the accident. For example, if you are 20 percent to blame, and the other driver is 80 percent to blame, the total damages you suffer will be reduced by 20 percent. Because courts in New Jersey are required to follow this rule, it will generally be used by insurance adjusters during settlement negotiations. Gathering proof of what happened promptly, and capturing pictures of BOTH vehicles, can be critical. If you are able, it is advisable to take pictures at the scene
Showing both the damage to the vehicles and their positions of rest after the crash. These types of photos can be invaluable and generally cannot be replicated later.
If you have been injured in a car accident, you should also bear in mind that the law limits the time you have to file a claim. This is knows as a “statute of limitations”. Failure to file the claim within the “limitations” period will cause the claim to be waived, and courts strictly enforce these filing deadlines. In New Jersey, the general statute of limitations for a personal injury claim is two (2) years from the date the person sustains or should be aware of their injury. For a car accident, this means a person generally has two (2) years from the date of their accident to file a lawsuit or the claim will be lost. If you have been involved in an accident, contact an experienced personal injury lawyer right away so you can protect your legal rights. It is important to note that all cases are unique, and there may be other facts which impact a person’s statute of limitations – either making it shorter or potentially longer. As such, seeing a lawyer RIGHT AWAY is the best way to protect yourself after an accident.
If you are injured by a drunk driver, it is generally a good idea to hire a lawyer as soon as possible. While the situation may be new and confusing for you, experienced lawyers understand and can help you navigate the legal system. A skilled lawyer will help put your mind at ease, and you will know that your case is in good hands and your best interests are being protected.
Call Davis & Brusca, LLC today to speak with a Trenton, New Jersey car accident lawyer and find out how we can help you get the compensation you deserve.