Hazlet Car Accident Lawyers
New Jersey can be a dangerous state to drive in with multiple highways and bridge crossings that intersect with each other and merge. There are many car accidents per year in the state, leading to thousands of injuries per year. An accident can leave a victim with mounting medical bills and an inability to work in the same capacity as before. In most cases, they can seek compensation for their lost expenses from their insurance provider. There are certain provisions that allow a victim to seek damages from the responsible party. Hiring a car accident lawyer can help victims navigate through this complex process.
What are Common Causes of Car Accidents?
There are several factors that will lead to a car accident, but the biggest cause of an accident is distracted driving. The biggest distraction pertains to cell phone use while driving. In 2019, there were more than 1,000 accidents caused by distracted driving, according to the New Jersey Department of Transportation. While distracted driving is the biggest cause of car accidents, it is by no means the only cause. There are several others, including:
- Drunk driving: On average, about 25 deaths per day are attributed to people driving under the influence. This will limit a driverâ€™s reaction time.
- Speeding: Excessive speed is a contributing factor in the severity of an accident.
- Reckless driving: Not paying attention to the road nor other motorists can cause serious problems. A reckless driver will change lanes or pull into traffic without paying attention.
- Aggressive driving: Much like reckless driving, aggressive drivers conduct numerous traffic offenses with little regard to fellow drivers.
- Fatigue: A drowsy driver will have a difficult time concentrating on the road.
What Expenses can I Recoup in a Lawsuit?
New Jersey is a no-fault state, meaning that all victims seek their financial compensation through their individual insurance carriers. This streamlines the process and makes it easier for victims to recoup financial losses. Among the expenses they can seek include:
- Medical expenses: Anyone hurt in an accident will require medical treatment, which includes multiple doctors appointments, as well as other treatments, such as surgeries, evaluations, and physical therapy. Victims should keep all copies of their receipts and notes from the doctor as part of the evidence used in their lawsuit.
- Lost wages: There are car accidents that result in significant injuries that prevent the driver from being able to work for an extended period. If the person does not have time off, the time away from work means a loss in salary.
Victims can only claim financial losses that were the result of the accident. Those are economic damages that they can clearly demonstrate they suffered. They cannot seek non-economic damages, such as pain-and-suffering, through their car insurance, although there are additional options.
Can I Sue the Negligent Party?
New Jersey auto accident laws can be complicated, but the option to sue is present under the verbal threshold. This option is available to drivers so long as they select the limitation on lawsuit option as part of their car insurance policy. Not selecting this option will prohibit a persons ability to file a lawsuit against a negligent party should they be involved in a car accident. However, there are limitations on what circumstances must take place for a person to file a lawsuit. The circumstances that must exist include:
- Loss of a fetus
- Significant disfigurement or scarring
- Displaced fractures
- Permanent injury
Under these conditions, a victim can sue a negligent party for pain and suffering expenses. A car accident lawyer can help build a case to ensure a victim has the best chance for success. To file a lawsuit, a party most prove that they meet one of the six criteria to move forward. A physician must certify, under penalty of perjury, that the victim suffered one of the six injuries. That diagnosis must be verified with objective clinical evidence, including a valid diagnostic test.
Are There Limits on What I can Obtain in a Lawsuit?
New Jersey follows the comparative negligence rule, where the court determines the percentage of fault a person is responsible for in an accident and must pay that percentage of the overall award. For example, if a victim is found to bear more than 50 percent of the responsibility, they will be barred from receiving compensation. However, if the victim bears 10 percent liability regarding a $10,000 award, they will only receive $9,000 in respect to their percentage of fault.
Hazlet Car Accident Lawyers at Mikita & Roccanova Represent Clients Injured in All Types of Car Accidents
If you were injured in a car accident, the Hazlet car accident lawyers at Mikita & Roccanova will help guide you through the claims process. We know the steps that you must take and will help secure the best possible outcome for your situation. Contact us online or call 732-705-3363 today to schedule a free consultation. Located in Hazlet and Highland Park, New Jersey, we serve clients throughout Ocean County, Sussex County, and Pennsylvania.