New Jersey Accident Lawsuit Attorney Information Overview
New Jersey Accident Attorney
Contrary to the Trust for America's Health study, which named the New Jersey residents as the least vulnerable for traffic deaths, 219 people were killed in state roadways within the first 140 days of 2012. New Jersey auto accident fatalities peaked a three-year high in 2011 with 628 people losing their lives in 587 fatal accidents, including drivers, passengers, pedestrians, motorcyclists, and school children, according to the Department of Law and Public Safety. In January 2011, New York Giants defensive end and Super Bowl player Justin Tuck received knee and shoulder injuries in a car crash while Amy Locane-Bovenizer, a 39-year-old actress, was arrested for DUI leading to death of a woman. In August 2011, four members of a NJ school football team met with a tragic end in a car accident, and popular radio host Robin Quivers barely survived a hit-and-run incident.
New Jersey Accident Statistics
- About 300,000 car crashes occurred on New Jersey roads in 2011.
- While speed and driver inattention caused 40 percent of car crashes, alcohol consumption contributed to 31 percent fatalities.
- On an average, the fatality rate was 1.72 persons per day and one person in every 62.1 miles.
- Female drivers were found to be responsible for about a third of the car crashes.
- About half of the accidents involved passenger cars.
- Use of cell phone while driving caused more than 10,000 accidents in the past two years.
New Jersey Counties and Causes
According to New Jersey Police Fatal Accident Investigation Unit, Ocean County accounted for the maximum number of car crashes and fatalities followed by Monmouth, Essex, Camden, and Middlesex. Newark continued to top the chart of cities with the highest number of car accidents. According to All State Insurance, the city residents face the highest risk of car crashes than any other place in the United States.
Head-on and rear-end collisions contribute to about 30 percent of car crashes in New Jersey. Road-side stationary objectives, trees, and animals are the leading cause in almost 25 percent of all accidents in the state. While passenger cars are found to be involved in more than half of the accidents, light trucks come second with a share of 30 percent in all fatalities. About a half of all accidents are due to human errors, such as speed, inattention, and distraction. Drunk driving is the cause of almost one in three New Jersey car accidents.
Common New Jersey Accident Injuries and Claim for Damages, Compensation
- Death, loss of limb, and accident injuries
- Injuries to brain, head, neck, spinal cord, disks, and back
- Disfigurement, displaced fractures, scarring, or permanent injuries
- Fractures likely to impact normal living or bruises requiring cosmetic surgery
- Psychological and emotional distress
The state law allows
victims to sue those responsible for their sufferings and seek damages from them in consultation with New Jersey accident lawyers. The common compensation demands include
- punitive damages
- loss of job and property
- economic loss caused by inability to work
- medical costs
- vehicle repairing expenses
- loss of consortium
- emotional damage caused by accidents
New Jersey Auto Accident Lawyer: Claim Process
New Jersey accident victims can seek damages from drivers responsible for accidents in the following three ways.
- File a first party claim with your insurer
- File a third-party claim with the insurer of the driver responsible for an accident
- File a civil lawsuit seeking damages from the at-fault driver
Filing New Jersey Personal Injury Lawsuits
A successful New Jersey auto accident lawsuit goes through the following stages.
- Pre-Litigation Stage: Enquire about the statute of limitations from your New Jersey accident lawyer and tell him about the accident details, including information about the vehicle or driver responsible. A personal injury attorney helps clients on the basis of no win no fee principle. He collects all requisite medical and damage reports and notifies the other party seeking compensation.
- Filing: If the accused refuses to compensate you, your New Jersey accident lawyer can file an auto accident lawsuit at the appropriate court. The lawsuit includes a presentation about the accident and notice to the accused driver.
- Pre-Trial and Discovery: Respective New Jersey accident lawyers appointed by the plaintiff investigate the details and share findings. They have the option to go for mediation or seek a judicial intervention. Either party can also seek a summary judgment based on the findings.
- Trial and Examination: New Jersey accident lawyers representing the plaintiff and the defense present their cases and cross-examine before the judge and the jury.
- Court Award: The court awards compensation to the plaintiff or rejects his s claim based on comparative fault and the capacity of the other party to pay.
- Settlement: Most New Jersey accident cases are settled out of the court based on mutual consent. However, a good New Jersey accident lawyer can bargain hard and help you get a good deal.
New Jersey Accident Lawsuit Statutory Regulations
The following provisions of the New Jersey State law are applicable to filing of the personal injury lawsuit related to auto accidents.
- All New Jersey accident lawsuits claiming less than $3,500 in damages must be filed in small courts.
- The statute of limitations for New Jersey personal injury lawsuits is two years from date of accident.
- The New Jersey statute of limitations for lawsuits on damage to personal property is six years.
- In case of claims against the government or public employees, a claim notice must be served within 90 days and no lawsuit can be initiated after six months of the reply to the notice. The superior court, however, has the discretion to allow the filing of a lawsuit against the government or public employees within a year of the accident.
New Jersey Comparative Fault Rule
A New Jersey accident lawsuit is decided on the basis of comparative fault. The plaintiff receives compensation based on calculation of the fault. The overall compensation is reduced by a certain percentage correspondence to his fault. However, no damage is awarded to the plaintiff if his responsibility in the accident is fixed at 50 percent or more.
New Jersey Accident Insurance
- New Jersey is a no fault state and a driver can file claim with his / her insurance provider notwithstanding who is at fault.
- In New Jersey, all registered drivers must carry basic auto insurance coverage with the following minimum amounts.
- $5,000 for property damaged per accident. However, this excludes the costs incurred on repairing your vehicle.
- $15,000 personal injury protection for one person per accident.
- $250,000 personal injury protection per person who has suffered from brain, spinal cord, and such other serious injuries.
- The drivers can buy individual optional coverage for uninsured motorist, collision, bodily injury, and vehicle repair, or comprehensive coverage that includes all these.
New Jersey Seat Belt Law
- Drivers must wear seat belts.
- All passengers in cars, pick-up trucks, vans, and SUVs must wear seat safety belts.
- Kids less than 8 years and 80 pounds must be fastened in a booster seat on the back of the vehicle.
- Kids above 8 and all passengers more than 18 years must follow the compulsory seat belt law.
New Jersey Auto Accident Lawsuits
In February 2012, a New Jersey car accident lawsuit resulted in $405,000 settlement in favor of a man who was injured in 2003 after a car driven by the then Bayonne city health director collided with his car at an intersection. The plaintiff suffered from shoulder and back injuries due to the accident. In 2010, the estate of a model, who died in a 2006 accident involving three cars on the New Jersey Turnpike, got $125,000 in compensation from the Turnpike Authority. A New Jersey court awarded $1.5 million to a motorcyclist who received serious injuries and multiple fractures after a vehicle making an illegal turn hit him. The Middlesex County court approved a settlement for more than $1.2 million in favor of a 30-year-old man injured in a truck-car collision.