Car Accident Lawyer New Jersey

Why You Should Hire a Lawyer After a Car Accident

Our New Jersey car accident lawyer understands the distress and turmoil that follow a car accident. The immediate concerns of medical treatment and vehicle repair are often just the tip of the iceberg. New Jersey’s complex legal landscape makes it essential to have experienced guidance when navigating insurance claims, medical bills, and potential lawsuits. You may be entitled to compensation for your injuries, loss of income, and other damages, but without a seasoned car accident lawyer by your side, you risk missing out on the full scope of what you’re owed. Leveraging legal expertise immediately after an accident not only elevates your chances for a fair settlement but also provides you peace of mind, allowing you to focus on your recovery. Contact the Law Offices of David A. DiBrigida today to learn more. I have helped many clients recover compensation from injury accidents since 1992. 

Table of Contents

• Why You Should Hire a Lawyer After a Car Accident
• New Jersey Car Accident Laws
• Common Types of Car Accident Cases
• New Jersey Car Accident Infographic
• New Jersey Car Accident Statistics
• New Jersey Car Accident FAQs
• Law Offices of David A. DiBrigida, New Jersey Car Accident Lawyer
• Contact Our New Jersey Car Accident Lawyer Today

When Should You Hire an Attorney

The ideal time to hire an attorney after a car accident is as soon as possible, preferably within the first few days following the incident. Prompt legal guidance can make a significant difference in how your case unfolds. Evidence can quickly become compromised or disappear, witnesses may become difficult to track down, and critical filing deadlines could be missed. Additionally, insurance companies often aim to settle claims quickly and for as little money as possible, potentially taking advantage of your lack of legal expertise. By engaging an attorney early in the process, you ensure that your rights are protected, that all relevant evidence is preserved, and that you receive expert counsel in dealings with insurance companies or opposing parties. The sooner you secure legal representation, the better positioned you’ll be to achieve a favorable outcome.

How long does a car accident lawsuit take?

The length of a car accident lawsuit in New Jersey can vary widely depending on the complexity of the case, the parties involved, and the court’s schedule, among other factors. Generally speaking, it could take anywhere from a few months to several years for a case to reach its conclusion. New Jersey follows a “no-fault” insurance system, which means that minor accidents often get resolved through insurance claims without the need for a lawsuit. However, in cases involving severe injuries, lawsuits may become necessary, and these can be time-consuming. Pre-trial procedures like discovery, negotiations between parties, and possible mediation can extend the timeline. Furthermore, if the case goes to trial, court proceedings themselves can take a considerable amount of time. It’s important to consult with an experienced attorney to get a more accurate estimate tailored to the specifics of your case.

New Jersey Car Accident Laws

In the bustling state of New Jersey, car accidents are a common occurrence. Unfortunately, they often result in injuries, property damage, and legal complications. Understanding the specific laws related to car accidents in New Jersey is crucial for both residents and visitors who may find themselves in such unfortunate situations.  out to our New Jersey car accident lawyer if you are involved in a car accident.

Fault-Based System

New Jersey operates under a fault-based system, also known as a tort system, when it comes to car accidents. This means that the person responsible for causing the accident is also responsible for covering the resulting damages. In most cases, it’s the at-fault driver’s insurance company that pays for the injured party’s medical bills, vehicle repairs, and other losses.

Minimum Insurance Requirements

To legally operate a vehicle in New Jersey, you must carry a minimum amount of auto insurance coverage. As of our knowledge cutoff date in September 2021, these requirements include a minimum liability insurance coverage of $15,000 for bodily injury or death of one person, $30,000 for bodily injury or death of more than one person, and $5,000 for property damage. It’s important to note that these requirements may have changed, and it’s advisable to verify the current minimum insurance requirements with the New Jersey Motor Vehicle Commission.

Comparative Negligence

New Jersey follows a modified comparative negligence rule when determining compensation in car accident cases. This means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your level of fault. However, if you are found to be more than 50% at fault for the accident, you may not be eligible to recover any compensation. A New Jersey car accident lawyer will help you figure out whether or not you are responsible and how to move forward.

Statute Of Limitations

In New Jersey, there is a time limit, known as the statute of limitations, for filing a car accident lawsuit. The statute of limitations for personal injury claims arising from car accidents is generally two years from the date of the accident. For property damage claims, it’s typically six years. These time limits can vary depending on the specific circumstances of the case, so it’s crucial to consult with an attorney to ensure you file your lawsuit within the applicable deadline.

No-Fault Insurance

New Jersey is also a no-fault insurance state. This means that regardless of who is at fault for the accident, your own insurance company will cover your medical expenses, up to your policy’s limits. However, if your injuries are severe or meet certain criteria, you may be eligible to step outside the no-fault system and pursue a liability claim against the at-fault driver.

Common Types of Car Accident Cases

Car accidents in New Jersey can take various forms, each with its own set of legal considerations. Below is a list of common types of car accident cases that occur in the state.

• Rear-End Collisions

These accidents, characterized by one car hitting another from behind, are not only common but also highlight the importance of maintaining a safe following distance. Liability typically rests with the driver who failed to stop in time, often due to distraction, speeding, or adverse weather conditions. These collisions can range from minor fender benders to severe crashes, depending on the speed at impact and other circumstances.

• Head-On Collisions

Marked by their high fatality rate, head-on collisions occur when the fronts of two vehicles collide. These accidents are often the result of wrong-way driving, distracted driving, or driving under the influence. The force of impact in such collisions is significantly magnified due to the combined speed of both vehicles, leading to catastrophic outcomes.

• T-Bone Accidents

These incidents usually happen at intersections when one vehicle crashes into the side of another. They often occur due to failures in obeying traffic signals or signs, or when a driver attempts to run a red light. The side of a vehicle offers less protection to passengers than the front or rear, making injuries from these accidents particularly severe.

• Multi-Vehicle Pileups

Occurring primarily on highways or under conditions of poor visibility, these pileups involve multiple vehicles and can result from a chain reaction of collisions. The complexity of determining fault in such accidents can be overwhelming, as it involves piecing together the actions of numerous drivers. The aftermath can block roads for hours and result in significant injuries and damage.

• Sideswipe Accidents

These occur when the sides of two parallel vehicles make contact, often because one or both drivers veer out of their lanes. Such incidents can lead to loss of vehicle control, causing further accidents or rollovers, especially at high speeds. Sideswipe accidents are common on multi-lane roads and are often attributed to distractions, intoxication, or failure to check blind spots.

• Hit and Run

This cowardly act involves a driver causing an accident and then leaving the scene without identifying themselves or aiding the other involved parties. Victims are left to deal with potential injuries and damages without immediate accountability from the at-fault party, complicating legal and insurance proceedings.

• Vehicle Rollover

A particularly terrifying type of accident, vehicle rollovers often result from sharp turns at high speeds or collisions with obstacles or other vehicles. These accidents are more common among SUVs and vans due to their higher center of gravity. Rollovers can lead to severe injuries or fatalities, especially if seatbelts are not used.

• Accidents Involving Pedestrians

When a vehicle strikes a pedestrian, the consequences can be devastating due to the unprotected nature of the pedestrian. These accidents often occur in crosswalks, on sidewalks, or when vehicles are making turns through pedestrian pathways. Distraction, speeding, and failing to yield are common causes.

• Bicycle Accidents

Cyclists are vulnerable to significant injuries when involved in collisions with motor vehicles, particularly at intersections or within bike lanes. These accidents often result from drivers not respecting the cyclist’s right of way or failing to observe their presence due to blind spots or distractions.

• Motorcycle Accidents

Motorcyclists face a high risk of injury in collisions with cars, as they lack the protective enclosure of a vehicle. These accidents are frequently caused by visibility issues, where drivers fail to notice the motorcycle, or by risky maneuvers from either party. The injuries to motorcyclists can be severe, given the limited protection they have.

• Commercial Vehicle Accidents

Involving trucks, vans, and other vehicles used for business purposes, these accidents pose unique challenges due to the size and weight of commercial vehicles. Liability and insurance matters become more complicated, often involving federal and state regulations specific to commercial transportation.

• Uber/Lyft Accidents

Ride-sharing services introduce a novel set of insurance and liability questions in the event of an accident. Both drivers and passengers can face uncertainties regarding coverage, with the companies’ policies and the personal insurance of the driver coming into play.

• DUI/DWI Accidents

Driving under the influence of alcohol or drugs significantly increases the risk of causing an accident. These incidents not only lead to civil liabilities but can also result in criminal charges against the intoxicated driver. The recklessness involved in DUI/DWI accidents often results in severe injuries or fatalities.

• Uninsured/Underinsured Motorist Accidents

These accidents involve at-fault drivers lacking sufficient insurance coverage to compensate for the damages caused. Victims may face challenges in receiving adequate compensation, often having to rely on their insurance policies or facing out-of-pocket expenses.

• Construction Zone Accidents

Accidents in construction zones are fraught with additional hazards, including altered traffic patterns, narrow lanes, and the presence of workers and machinery. These conditions increase the likelihood of accidents, which can carry heavier penalties and complex liability issues due to the increased risk to construction workers and the public.

Understanding the specific type of car accident you’ve been involved in can help tailor your legal strategy, so consulting with an experienced attorney is advised.

New Jersey Car Accident Infographic

New Jersey Car Accident Statistics

According to the most recent report from the NHTSA, there were 42,795 car accident fatalities in 2022, a 0.3 percent decrease from 2021. Drunk drivers cause an average of 10,850 fatalities every year. In 2021, there was a 14 percent increase in drunk driving fatalities over 2020, with 13,384 drunk driving-related deaths. Of those fatally injured in a passenger vehicle, 44 percent of drivers and 41 percent of passengers were wearing their seatbelts. 29 percent of motor vehicle crash deaths in 2021 involved speeding.

New Jersey Car Accident FAQs

How long does it take to get a settlement?

The time it takes to secure a settlement in a car accident case varies depending on numerous factors, such as the complexity of the case, the willingness of parties to negotiate, and the backlog of the legal system. In straightforward cases with clear liability and well-documented injuries, a settlement could be reached within a few months. However, for more complicated scenarios, such as those involving severe injuries, multiple parties, or disputed liability, the process can stretch on for a year or even longer. Insurance companies often engage in lengthy negotiations to minimize payouts, and sometimes a settlement is only reached on the eve of a trial. It’s crucial to consult an experienced New Jersey car accident attorney for a tailored estimate and to navigate the intricacies of the settlement process effectively.

Can you sue for a car accident in NJ?

Yes, you can sue for a car accident in New Jersey, but the state’s “no-fault” insurance system does impose certain limitations. Under this system, you generally file a claim with your own insurance company for medical expenses and other out-of-pocket costs, regardless of who was at fault. However, you can step outside of this no-fault system and file a lawsuit against the at-fault driver if you meet certain thresholds. Specifically, if you’ve sustained “serious” injuries that result in significant medical expenses, permanent injury, or significant disfigurement or scarring, you may be eligible to pursue a claim for additional damages like pain and suffering. Due to the complexities of New Jersey’s car accident laws, consulting with an experienced attorney is highly recommended to assess the viability of your case.

What to do if someone sues you for a car accident in NJ?

If you find yourself being sued for a car accident in New Jersey, it’s crucial to take immediate action to protect your interests. First and foremost, do not ignore the lawsuit; failing to respond could result in a default judgment against you. Contact your insurance company as soon as you receive the lawsuit papers, as they may provide legal representation under the terms of your policy. Additionally, consult with an experienced attorney who specializes in car accident litigation. Your lawyer can guide you through the complexities of New Jersey’s legal system, help formulate a defense strategy, and represent you in court if necessary. Keep all documentation and evidence related to the accident, as this will be crucial for building your defense. 

Do you need a police report to file an insurance claim in NJ?

In New Jersey, a police report is not strictly required to file an insurance claim for a car accident, but it is highly recommended. A police report serves as an official record of the incident and typically includes important details such as the names of the parties involved, witness accounts, and an initial assessment of fault. This document can provide valuable evidence when negotiating with insurance companies or if a legal dispute arises later. Some insurance companies may even require a police report, especially for accidents involving substantial damage or injury. Therefore, if you’re involved in a car accident in New Jersey, it’s advisable to contact the police and have a report filed to bolster your insurance claim and protect your interests.

How Do You Pursue Compensation After a New Jersey Car Accident?

Pursuing compensation after a car accident in New Jersey often starts with filing a claim with your own insurance company, thanks to the state’s no-fault insurance system. This covers your medical expenses and other out-of-pocket costs up to the limits of your policy. However, if your injuries are severe, exceed certain thresholds, or if another party is clearly at fault, you may step outside the no-fault system to file a claim against the other driver’s insurance or even initiate a lawsuit. Documentation is crucial in this process; gather all medical records, repair bills, and evidence like photographs or eyewitness accounts. 

Car Accident Glossary

If you’ve been involved in an auto accident, understanding the terminology related to car accident claims can be crucial. As your New Jersey car accident lawyer, we want to ensure that you have the information you need to make informed decisions about your case. Below, we’ve provided explanations for several important terms that are frequently encountered in the context of car accident cases.

No-Fault Insurance

New Jersey operates under a no-fault insurance system. This means that after an accident, regardless of who caused it, your own insurance policy is responsible for covering your medical bills and economic losses, up to the policy’s limits. The no-fault system was designed to streamline compensation so you can get your medical expenses covered promptly. However, if your injuries are severe, you may have the right to pursue additional compensation from the at-fault party. Severe injuries could include things like fractures, significant scarring, or other conditions that result in permanent harm.

Personal Injury Protection

Personal Injury Protection, or PIP, is a mandatory element of car insurance coverage in New Jersey under its no-fault system. PIP is designed to pay for your medical costs, lost wages, and certain other expenses, regardless of who caused the accident. For example, if you’re unable to work due to your injuries, PIP can cover your lost income. The goal is to provide timely access to medical treatment and compensation for other financial losses, so you don’t have to wait for a determination of fault before getting help. This allows you to focus on recovering rather than worrying about immediate expenses.

Verbal Threshold

New Jersey’s Verbal Threshold, also known as the Limitation on Lawsuit Option, affects your ability to sue for pain and suffering. When you select this option in your auto insurance policy, you agree to limit your ability to file a lawsuit for non-serious injuries. This threshold means you can only sue if your injuries meet certain stringent criteria, such as death, significant disfigurement, loss of a body part, or a permanent injury. Many people opt for the Verbal Threshold to reduce their insurance premiums, but it can have significant implications if you’re involved in a crash and your injuries don’t meet the threshold requirements.

Tort System

In addition to its no-fault insurance structure, New Jersey also allows for claims under a fault-based system, known as the tort system, in certain situations. In this system, the person who is found to be at fault for causing the accident is legally responsible for paying for damages. This can include compensation for medical expenses, property damage, and non-economic losses like pain and suffering. If you did not select the Verbal Threshold option on your insurance policy, you may have more freedom to pursue a claim against the at-fault driver for your injuries.

Uninsured/Underinsured Motorist Coverage

Uninsured/Underinsured Motorist Coverage is a type of insurance that offers protection if you’re involved in an accident with someone who either has no insurance or does not have enough insurance to cover the full extent of your damages. If the at-fault driver is uninsured or underinsured, your own policy can step in to cover the remaining costs. This coverage is particularly important because it helps safeguard you from being left with significant out-of-pocket expenses if the other party is unable to fully compensate you for your losses.

If you or a loved one has been injured in a car accident, don’t hesitate to reach out to us. The Law Offices of David A. DiBrigida is here to help guide you through your options. Call us today to schedule a consultation and discuss how we can assist you in getting the compensation you deserve.

Car Accident Glossary

If you are searching for a New Jersey, car accident lawyer it is important to understand the common terms used in car accident claims and insurance policies. This glossary breaks down essential concepts to help you make informed decisions about your case.

No-Fault Insurance

No-fault insurance is a system where an individual’s own auto insurance policy pays for medical expenses and economic losses after an accident, regardless of who was responsible for the crash. In New Jersey, no-fault insurance is mandatory for all drivers. This system simplifies the claims process by ensuring that each party’s insurance covers their initial costs, such as medical bills and lost income.

Personal Injury Protection

Personal Injury Protection, commonly referred to as PIP, is a mandatory component of auto insurance in New Jersey’s no-fault system. PIP covers medical expenses, lost wages, and other necessary costs for individuals injured in a car accident, no matter who caused the collision. Policyholders can rely on PIP to address immediate financial burdens, such as hospital bills or rehabilitative care, after an accident.

Tort System

The tort system is the legal framework in which the driver at fault for causing an accident is responsible for compensating the victim’s damages. In New Jersey, individuals can pursue claims under the tort system if their injuries exceed certain legal thresholds or if they did not select the “Verbal Threshold” option on their insurance policy. For example, claims may include compensation for property damage, medical expenses, or pain and suffering when injuries are significant.

Uninsured/Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage protects individuals who are involved in accidents with drivers who lack adequate insurance. If the at-fault driver has no insurance (uninsured) or insufficient coverage to pay for damages (underinsured), this type of insurance steps in to cover medical costs, lost wages, and other losses. It ensures that victims receive compensation even when the responsible driver cannot provide financial relief. This coverage is particularly important in New Jersey, where some drivers carry only the minimum required insurance.

Verbal Threshold

The Verbal Threshold, also known as the Limitation on Lawsuit Option, is a provision in New Jersey auto insurance policies that restricts a policyholder’s ability to sue for non-economic damages like pain and suffering unless their injuries meet certain severity criteria. Severe injuries that qualify include permanent injury, significant disfigurement, loss of a body part, or death. This option often results in lower insurance premiums but limits an individual’s ability to pursue compensation for less severe injuries.

Contact Us Today

If you or a loved one has been injured in a car accident and need clear guidance on your options, contact the Law Offices of David A. DiBrigida. We are here to help you understand your rights and pursue the compensation you deserve. Reach out today for a free consultation to get started with your claim.

Law Offices of David A. DiBrigida, New Jersey Car Accident Lawyer

101 Eisenhower Pkwy #100, Roseland, NJ 07068

Call Our New Jersey Car Accident Lawyer Today

David A. DiBrigida handles auto accident injury cases in New Jersey. He will evaluate the factors contributing to the value of your damages and personally handle your case from start to finish.  If you have been injured in an auto accident, you need a New Jersey car accident lawyer who understands and is knowledgeable about your rights as an auto accident injury victim. To protect your legal rights, call David today at 800-322-5529 for a FREE consultation.