Navigating accident claims can be confusing at times, and hiring New Jersey car accident lawyers to handle your case for you can make the process less stressful. Morris, Downing & Sherred, LLP has been helping clients navigate their car accident cases for over 125 years and getting big results. A New Jersey personal injury lawyer from our team can advocate for you and protect your rights so you do not miss out on valuable compensation.
Understanding the Dangers and Contributing Factors in Car Crashes
Car accidents can cause extensive damage and harm to those involved. According to the most recent data from the National Safety Council (NSC) on vehicle injury facts, there were 3,269,000 injury crashes in the U.S., resulting in more than 4,913,000 injuries. Similarly, there were 38,200 fatal crashes that resulted in 42,789 deaths. These numbers show how prevalent car collisions are and how much harm they can do.
Collisions can happen at different angles and contribute to various outcomes. For example, rear-end and angle (T-bone) accidents are most prevalent, followed by sideswipe and head-on accidents. Of those, rear-end collisions are more likely to result in injuries, while head-on crashes are more likely to result in death. Angle collisions contribute to injuries and fatalities at a more equal rate. The angle of an accident influences the outcome so much because some angles may provide a greater impact buffer than others.
Additionally, accidents can be caused by a variety of factors and affect the outcome of a crash. Common causes of car accidents include speeding, distractions, impairment, fatigue, aggressive/reckless driving, mechanical issues, and road or weather conditions. The cause of an accident must be investigated after an accident to understand what occurred, who was at fault, and to determine claim options.
Car Accidents Can Result in a Wide Variety of Injuries
The severity of car accident injuries is often impacted by the speed of the vehicles, the force of the impact, and the angle of the crash. Some collisions may be more likely to cause injury, while others are more likely to result in fatalities. That’s why it is important to seek medical attention after a car accident to establish the scope of your injuries. Common injuries in a car collision may include one or more of the following:
- Mild to severe whiplash
- Broken bones
- Muscle sprains and strains
- Neck injuries
- Traumatic brain injuries
- Spinal cord and back injuries
- Internal injuries
- Chronic pain
- Catastrophic injuries
- Death
It can be hard to tell how serious your injuries may be after a car accident. They can take days or weeks to fully appear because adrenaline and cortisol can interfere with pain receptors. Deep tissue injuries can also take a while to reach the surface. As such, you should see a doctor even if your injuries seem minor. It’s also essential for being able to file a claim and recover compensation, and insurance companies may deny your claim if you do not see a doctor after a crash.
Auto Accident Law Firms Recommend Taking These Steps After a Car Accident
Insurance companies often look for many ways to avoid paying you. If you do not have sufficient evidence or have not taken the right steps after an accident, you could have trouble recovering your losses and securing a favorable outcome. To make sure that you can approach your claim with confidence and peace of mind that you have met all requirements, you should do the following after a car accident:
- Ensure you and other vehicle occupants are safe and not in additional immediate danger
- File a police report and obtain a copy of the completed document
- Exchange insurance and contact information with the other driver(s) involved in the accident
- Take photos of the scene of the accident, damage to your vehicle, and your injuries
- Receive medical attention even if your injuries seem minor
- Contact your insurance company and let them know you were in an accident
- Hire an auto accident lawyer to help you with the claim process and negotiate a fair settlement
Taking these steps can help you have a strong claim and minimize unnecessary obstacles in your case. With auto accident lawyers by your side, you can rest easy knowing your case is in good hands as well.
How New Jersey Auto Insurance Requirements Impact Your Claim
Since New Jersey is a no-fault state, how you proceed with your car accident claim depends on the coverages you selected in your auto policy. All drivers must meet New Jersey insurance requirements to be allowed to legally drive on the road. Drivers can choose from the basic or standard policy:
- Basic auto policy: Includes $5,000 of property damage liability coverage per accident and personal injury protection (PIP) coverage of $15,000 per person per accident and up to $250,000 for select injuries. Bodily injury, collision, and comprehensive coverage are optional. Uninsured/Underinsured motorist coverage is not available.
- Standard auto policy: Covers $25,000-$100,000 of property damage liability and $15,000-$250,000 of personal injury protection. Includes bodily injury liability that can range from $35,000 per person and $70,000 per accident to $250,000 per person and $500,000 per accident. Uninsured/Underinsured, collision, and comprehensive coverages are available as optional coverage.
The policy you choose can impact your recovery and rights when filing a claim. Your policy also affects your rights to pursue a claim against the other driver if your PIP coverage is not enough to cover your losses. The basic policy gives you a limited right to sue, which means that you can pursue monetary damages, but you must meet certain conditions to recover losses for pain and suffering. If you have an unlimited right to sue, then you can request the full range of losses in your lawsuit.
Car accident law firms carefully review your insurance policy when taking your case and determining what options you are entitled to pursue. To ensure you understand your rights and how to proceed, work closely with an auto accident attorney throughout your case.
Understanding How Fault Works in a Car Accident Case and the Impact of Shared Fault
While you may not necessarily have to demonstrate fault depending on the type of claim you file, fault must still be identified to determine your rights. It can indicate your ability to file a claim and how much you may be entitled to recover. If you do file a claim that requires you to show that the other driver was negligent, then you must show the four key elements that can factually establish fault. These include:
- Duty of care: The other driver was supposed to follow the rules of the road and exercise caution to prevent an accident.
- Breach of duty: The other driver was negligent or engaged in established reckless activities that were in direct violation of their duty to you.
- Cause: The other driver caused an accident because they were careless or reckless and couldn’t take the necessary actions to prevent a collision.
- Damages: You suffered damages because of the other driver, for which they can be held liable.
To understand how liability works in your particular case, it is important to consult a car accident law firm before moving forward. The details of your situation and the type of claim you file heavily impact your options, your lawyer’s approach, and the potential outcome of your case. A lawyer can also ensure that you do not take on blame that the insurance company may try to saddle you with, so they can avoid paying you.
Additionally, New Jersey uses modified comparative negligence to determine what happens when fault is shared between you and the other driver. According to New Jersey Revised Statutes 2A:15-5.2, your compensation may be reduced to offset your level of fault if your percentage of fault is 50% or less. As such, if you were 20% at fault, you could only recover 80% of your losses. Fault percentages 51% and above are automatically disqualified from recovering compensation.
Auto Accident Attorneys Help You Secure Maximum Compensation for Your Losses
When filing a no-fault claim after an accident, the losses you can recover are generally restricted to various medical expenses, lost wages or earning capacity, and funeral and burial expenses for fatal accidents. Because you do not have to tie the other driver’s actions to your losses, you may be able to recover compensation faster. However, it can still leave you to cover other costs out of your own pocket, depending on the type of insurance policy you have
If you meet the requirements to file a claim against the driver responsible for the crash, the damages you can get in a car accident case can expand to cover property damage costs and repairs, pain and suffering, and additional medical expenses and lost income not covered by your PIP policy. This can help offset additional losses so you can reach a greater degree of wholeness after a car crash.
A car accident attorney can help you determine your options for recovering compensation and negotiate fair accident compensation. Regardless of how you recover your losses, our team is committed to helping you secure the maximum amount possible under the law so you can have peace of mind about your future. We advocate for you and make sure you are not negatively impacted by insurance companies that do not want to pay you what you deserve.
How Long Do You Have to Pursue Auto Accident Claims?
Car accidents are subject to a statute of limitations. This means that you must file a claim within a set period of time if you want to recover your losses. If you wait too long, you could lose your right to legal action and must assume responsibility for paying for your losses yourself. In New Jersey, the time limit for car accident claims is two years from the date of the crash (New Jersey Revised Statutes 2A:14-2).
Statutes of limitations play an important role in car accident claims. They ensure that action is not continually delayed, so cases do not remain open forever. Additionally, evidence and memories of what occurred can deteriorate over time, so these limits help ensure you have a viable claim. Finally, the amount of time you have left between initiating your claim and the end of the limitation period can affect your options and how a car accident lawyer approaches your case, so it’s essential to act quickly.
Lawyers Can Protect Your Rights and Get Results
Pursuing a car accident claim can feel overwhelming when you are in pain and trying to recover from your injuries. Instead of delaying your claim until you recover, you can hire an auto accident law firm that can handle your claim while you focus on healing. When you hire us, you receive a skilled and knowledgeable team that knows how to protect your rights, communicate with insurance companies, and fiercely negotiate a settlement that covers your losses.
We take time with you and conduct thorough accident investigations to make sure you receive the attention you deserve, and we can effectively serve you. We understand that every case has its own unique elements, and we account for these nuances as we strategically customize your case. We do not use cookie-cutter approaches when we represent you, so you can be confident that the specific challenges of your case are addressed.
Additionally, we work on a contingency basis, so you can afford a lawyer to represent you after a car accident. You pay nothing unless we win, so you do not have to worry about added expenses. Fees are paid out of the awarded compensation.
Morris, Downing & Sherred, LLP is Ready to Fight for You After a Car Accident
Morris, Downing & Sherred, LLP helps you navigate your claim options under New Jersey no-fault laws. We provide support and help ease your suffering so you do not have to struggle to pay for your losses. Our team is committed to you and providing clarity so you can secure a favorable outcome as swiftly as possible. Our car accident attorneys are ready to talk with you when you schedule a free consultation with our team today.
