Car Accidents in Edison

Edison, like all cities in New Jersey and elsewhere, has its fair share of car accidents. When people are injured in such accidents, the laws in New Jersey affect the way those people can find redress to set themselves right again. The state’s no-fault laws make it easier for those involved in accidents to access timely car insurance coverage benefits after a collision, but they also come with limitations.

These and other state laws may determine other aspects of how an Edison car accident can affect a person’s ability to look for compensation from outside of their insurance provider. These laws maintain certain requirements before an someone can seek damages through a lawsuit aimed at a negligent third party. State laws also affect the availability of compensation by factoring in any fault that may exist on the part of the injured claimant.   

This discussion explores the New Jersey laws that have sway in what choices a person has after they become injured in a serious Edison car accident.

What Are No-Fault Laws in New Jersey?

No-fault laws in New Jersey establish a requirement that drivers in the state must turn to their own personal auto insurance in the event of a car accident. Rather than seeking compensation from the insurance policy held by an at-fault driver, which may have otherwise necessitated proving fault to move the claims process along, people injured in car accidents are required to use their own insurance for coverage of their losses.

What Are the Advantages and Disadvantages of New Jersey’s No-Fault Status?

New Jersey’s no-fault status means that a person injured in a car accident must go through their own personal auto insurance for coverage after an auto accident. This is meant to ensure that injured individuals can quickly obtain the benefits of their policy without the delays that may ensue if insurance providers were forced to sort out liability for the accident before releasing benefits on a claim.

As helpful as that arrangement can be to policyholders who require a quick turnaround on their claim, a consequence of no-fault laws is that they make it harder to sue for damages that may be better aligned with the harms caused in the accident, particularly if the losses involved are higher than the policy limit.

What Damages Are Available after a Car Accident in New Jersey?

Auto insurance claims in New Jersey are meant to address only economic losses, meaning only losses that cost the claimant financially. The two instances that constitute financial losses in car accident claims are medical bills and lost income. These two types of losses involve easily calculable costs that are straightforwardly proved to stem from the accident.

Compensation for non-economic losses is not available through a New Jersey car insurance claim.

Any claims of non-economic damages, such as pain and suffering, must be addressed through a third-party personal injury lawsuit, but the state’s laws have limitations on what circumstances qualify a claim for being legally allowed to pursue a third-party lawsuit to address damages after a car accident.

What Conditions Must Be Met for a Third-Party Lawsuit in New Jersey?

For someone injured in an accident to seek damages through a third-party personal injury suit, the accident must have resulted in one of the following conditions:

  • Permanent injury
  • Displaced fractures
  • Significant disfigurement or scarring
  • Dismemberment
  • Loss of fetus
  • Death

How Can I Be Successful in a Third-Party Case?

To be able to collect compensation through a third-party personal injury lawsuit, you must be able to prove that the person you are suing was negligent. Negligence can involve driving recklessly, operating an unsafe vehicle, or producing and distributing a faulty car part. Any of these types of negligence may be the basis of your accident. Your case will be successful if you can prove that someone was negligent and that their negligence led to the accident that caused your injuries.

How Do New Jersey’s Comparative Negligence Laws Limit Damages?

New Jersey’s comparative negligence laws make it so that you can sue for damages from a negligent party only if you are less than 50 percent at fault yourself for the accident. Even then, you must prove the negligence of the other party.

If it is determined that you bear 20 percent of the responsibility for the accident, you will only be able to collect the remaining 80 percent of any eligible compensation.

For example, if you suffered $10,000 in damages as a result of your accident, but you were found to be 20 percent liable for the collision, you would only be able to collect $8,000, or 80 percent of $10,000. 

What Are Common Causes of Car Accidents in Edison?

Automobile accidents that threaten the safety of road users in Edison, New Jersey, are in line with the common causes of car accidents throughout the rest of the United States. The accidents that cause the most harm are often the most preventable. Below are some common driving behaviors that lead to car accidents, behaviors that can qualify as negligence in a personal injury suit:

  • Speeding
  • Running red lights
  • Failure to yield
  • Wrong-way driving
  • Aggressive driving
  • Drunk driving
  • Distracted driving
  • Drowsy driving

Additional causes of car accidents that involve negligent behavior on the part of parties other than the drivers involved include:

  • Poorly maintained vehicles
  • Faulty car parts
  • Unclear road signage

Edison Car Accident Lawyers at Mikita & Roccanova Help Injured People Obtain Justice after Serious Collisions

If you were hurt in a car accident in Edison, reach out to the Edison car accident lawyers at Mikita & Roccanova. Our legal team can help you determine if you have a case and if you can expect to collect compensation for your injuries. We will be your advocate and help you achieve justice. Call us at 732-705-3363 or contact us online today to schedule a free consultation. Located in Hazlet and Highland Park, New Jersey, we serve clients throughout Ocean County, Sussex County, Neptune, Middlesex County, and Pennsylvania.