Car accidents can happen for a variety of reasons. Driver inattention, excessive speed, mechanical problems with the vehicles, poor road or weather conditions, and many others. At Davis & Brusca, LLC, each Trenton, New Jersey MVA lawyer has extensive experience handling car accidents. Our lawyers know how to find the real causes of a crash and how to successfully prove what happened and why. In doing so, we look primarily at the conduct of the drivers on the road simply because the most common cause of a crash is human error.
Data collected by the National Highway Traffic Safety Administration (NHTSA) over the years has firmly established this point. For example, in a recent study NHTSA examined crash data from more than 5,000 vehicle accidents and determined that driver error was the number one cause of crashes. But its analysis didn’t stop there.
NHTSA looked deeper, for the specific errors and their frequency, and divided the drivers’ errors into four different categories: Decision errors, performance errors, nonperformance errors, and recognition errors. Not surprisingly, recognition errors were the most common, comprising forty (40) percent of the driver errors committed. “Recognition” errors are those which arise from a driver’s failure to timely “recognize” a hazardous situation developing, thus delaying their ability to react to avoid it. Examples of recognition errors include drivers not paying attention to their surroundings, drivers who were distracted by something (whether outside the vehicle or inside the vehicle), as well as simple failures in surveillance. As our top Trenton, NJ MVA lawyers can attest, lapses in driver attention are the overwhelming cause of most crashes. If you’ve been hurt in a car accident, trust the lawyers at Davis & Brusca to find out why, and to get justice for you.
The second most common cause according to the NHTSA study, were “decision errors”, which accounted for approximately thirty (30) percent of the accidents analyzed. Behaviors included in this group were driving around curves too quickly, driving too fast for weather or other road conditions, and illegal traffic maneuvers. Driver “performance errors”, such as overcompensation or other steering mistakes, accounted for approximately ten (10) percent of the crash events. And “non-performance” issues, such as falling asleep while behind the wheel, accounted for approximately five (5) percent of the crash events. At Davis & Brusca, our top car accident lawyers know how to get to the truth of each of these crash scenarios, and we are proud to be the accident lawyers New Jersey trusts.
If you ask someone on the street to name the most common cause of car accidents, they will probably answer: “distracted driving.” However, while distracted driving is certainly a problem on our roads today, according to the NHTSA study, inadequate surveillance is an even more dangerous and more common reason for accidents. In fact, NHTSA found that inadequate surveillance is responsible for nearly twice as many crashes as distracted driving. It is also the most common reason why motorcycle accidents occur.
Some common inadequate surveillance issues cited in the study include failing to know when it is safe to proceed (i.e. before taking a turn) or failing to see another vehicle.
If you have suffered injuries in a car accident caused by another driver’s negligence, contact a top Trenton, NJ car accident attorneys at Davis Brusca, LLC to find out what legal options you may have. It is crucial to contact our office as soon as possible after a crash, as the law limits the time you have to take action. The statute of limitations for New Jersey typically runs out two (2) years from the date of the crash. However, if the person at fault are connected to the government, an injured person may have as little as ninety (90) days to file notice of their intention to sue. If either deadline passes, you will likely lose your legal right to pursue damages against the other driver.
Getting into a car accident is the last thing anyone plans for — and when a car accident is very severe, victims will have many different things to deal with. If you were injured in a car accident, you may find it tough to focus on recuperating when you have to organize paperwork and file legal claims. Here at Davis & Brusca, LLC, we believe that you should focus on recovering without the stress caused by handling the legal claim. We handle the legal issues for our clients so they can concentrate on getting their lives back in order.
When you’re faced with the aftermath of a crash, a Trenton, NJ car accident lawyer from our firm may be your best ally. We pursue financial compensation so our clients can get back to their lives as soon as possible. A personal injury settlement can help you pay for your medical needs, damage done to your vehicle, loss of wages, and can help balance the harm caused by pain and suffering.
Fault in Car Accident Claims
Liability or “fault” is one of the biggest factors which will impact how an accident claim will be handled. The laws vary from state to state, and the particular law for the state in which the crash occurred will control what must be shown. In most states, including New Jersey, an accident victim will need to show that the other driver was at least “more responsible” than they were in order for the victim to have the right to recover compensation. However, some states permit recovery so long as the other driver had some responsibility, while others deny any compensation unless the injured person is completely blameless. As a trusted Trenton, NJ car accident lawyer, Davis & Brusca works hard to determine which party is legally liable for the accident and to ensure they are held accountable.
Poor decision making, (such as speeding or making illegal maneuvers on the road), distractions, poor road conditions, fatigued driving, human error, and inclement weather conditions are all common causes of car accidents in Trenton, New Jersey. Other factors can also include equipment and auto part failures, such as tire blowouts, failure of brake lines, and failure of steering controls. Infrastructure hazards, such as construction site debris, damaged road signs, and poor road design might also play a role in an accident. Learn more about Texting and Driving.
As a car accident lawyer in Trenton, NJ, we at Davis & Brusa know that in many cases it is not hard to figure out who is at fault. But there are many cases where concrete evidence does not exist or where it can be hard to prove what really happened. If you are involved in one of these crashes you need an experienced car accident lawyer who can help evaluate your case and determine if it’s possible to hold another party accountable. A good car accident lawyer in Trenton, NJ can help you collect evidence, interview witnesses, and organize medical records and doctor evaluations, and prove your case.
The aftermath of an accident in which you sustain an injury can be confusing and stressful. Not only are you receiving treatment to recover from the accident, but you are also trying to navigate insurance claims and legal issues at the same time. Here are some important steps to take, and some guidance on mistakes to avoid.
If it is feasible, speak with a car accident lawyer representing Trenton, NJ before you talk to the other party’s insurance company. Often times, how you phrase information is as important (or even more important) than what you say. An experienced Trenton, NJ car accident lawyer can offer advice to help insure the information is conveyed accurately and completely so that you comply with your legal obligations while avoiding damage to your case.
Don’t assume the other party’s insurance company will focus on what you meant. If your words are phrased in a way that suggests you are at fault for the accident, the insurance company will probably blame you or use your words to reduce your damages. For this reason, it rarely helps to offer an apology. Instead, stick to the facts, be truthful but complete, and don’t volunteer any unnecessary information.
Our Trenton, NJ car accident lawyers stress the importance of documenting everything involving the accident. Take pictures of the scene if it is safe to do so. Obtain statements and contact information from eyewitnesses if possible, or at least try to get their contact information so their statements can be gathered later. Retain records of the bills for any medical treatment you receive. The more evidence you can obtain, the better off you will be later on during settlement negotiations and/or litigation.
Insurance adjusters are usually not lawyers and they generally are not concerned with protecting your legal rights. In other words, don’t believe insurance adjusters when they tell you that you do not need a lawyer. What they actually mean is that they do not want you to hire a top car accident lawyer from Trenton, NJ, like Davis & Brusca, because the company will likely end up having to pay more money if you do. Bear in mind that many insurance companies bonus their adjusters based on how little they pay out on claims. So, if an adjuster can reduce your ultimate settlement, they are helping themselves. They have a vested interest in convincing you not to hire a car accident lawyer Trenton, NJ trusts from Davis & Brusca. Don’t trust them!
Research your attorney to learn more about his or her experience and success record. Be sure you understand how the attorney’s compensation will be structured. Many personal injury lawyers, like Davis & Brusca, don’t charge a fee unless your case is successful.
An insurance adjuster may sound friendly and sympathetic on the phone, but make no mistake: he or she is not on your side. Rather, the adjuster’s loyalty lies with the insurance company and his or her objective is to maximize profits for the insurer and its stockholders.
In many cases, the liable parties (or their insurance companies) are willing to negotiate a settlement and close the case. Statistics show that most cases settle without a trial, but it’s still important to have a car accident lawyer who isn’t afraid to fight in court if necessary. Many insurance companies track experience and skill of the lawyers in the community. That is, they know which lawyers will take the case to trial and which will not, and they know which lawyers have the trial skills which make trying a case dangerous for the insurance company. People who hire top lawyers, like Davis & Brusca, generally fare better than those who don’t.
At Davis & Brusca, LLC, we care about the well-being of our clients and we know how beneficial it can be to hire an experienced car accident lawyer Trenton, NJ residents trust. To set up a free consultation with our team, call our office today.
Frequently Asked Car Accident Questions
The Trenton, NJ car accident lawyers at Davis & Brusca know that car accidents can be devastating, and may leave victims to contend with a number of hardships. As you struggle to pick up the pieces, it can be difficult to know where to turn or what to do next, especially if the injuries you suffered were significant. Our Trenton, NJ car accident lawyers know that you will be facing a number of questions. Clients who turn to our experienced car accident lawyers in their time of need have access to answers to their questions.
Here are some answers to questions you may have right now:
Is New Jersey a No Fault State?
Yes, but not in the way you may be thinking. “No Fault” in New Jersey refers to how medical bills arising from the crash will be paid. That is, your family car insurance will pay for your medical treatment without looking at the question of who is at fault for the crash. However, this term does not mean the issue of “fault” is irrelevant. Fault for the crash will be a key factor in determining whether you are able to recover for your pain and suffering. Further, New Jersey permits people to carry minimal “No-Fault” or “PIP” insurance coverage. As such, it’s important to note if your insurance does not cover all of your expenses you may have the ability to take legal action against the at-fault party to recover these additional harms through a car accident lawyer representing Trenton, NJ, such as Davis & Brusca.
What elements are needed in order to take legal action against the at fault driver?
In no fault states, the process of getting your medical bills paid may be much more straightforward. However, our Trenton, NJ car accident lawyers want you to be aware that you may still require our assistance. Insurance companies frequently wrongfully deny access to medical care, and may delay or wrongfully deny payment of bills. This is especially true when people have prior injuries. Having a top lawyer, like Davis & Brusca, can help in this situations, and can prove invaluable when it comes time to negotiate with insurance companies or pursuing a legal claim against the driver responsible for the crash.
Common elements which must be proven in order to take legal action include:
What type of evidence should I gather in order to build a strong case?
In order to build a strong case, evidence is essential. The Trenton, NJ car accident lawyers at Davis & Brusca can help you to gather evidence needed to prove your case.
How can a Trenton, NJ car accident lawyer assist me with my case?
Navigating insurance companies, physical injuries and legal processes can be complicated. Moving forward without the assistance of a car accident lawyer may only make things more complex and stressful. Working with a trusted car accident lawyer from Trenton, NJ, like Davis & Brusca, can help you by protecting your rights and taking legal action.
Following a car accident, the days can feel dark and overwhelming. It can be difficult to decipher the best way to move forward without the guidance of a car accident lawyer Trenton, NJ clients recommend. Davis & Brusca, LLC is experienced and dedicated to helping you reach a favorable resolution in a timely manner. Contact our team of Trenton, New Jersey car accident lawyers today and get the help and support you need with your case.