Car Accident Attorney New Jersey
Car accidents remain one of the most common sources of preventable injury and death across New Jersey and the United States. According to the Centers for Disease Control, “In 2022, almost 44,000 people died in motor vehicle crashes in the United States. That is more than 120 people killed in crashes every day. There were over 2.6 million emergency department visits for injuries from motor vehicle crashes in 2022.” These accidents can have a devastating impact on victims—physically, emotionally, and financially.
In many cases, car accident victims may be left with high medical bills and need to take extensive periods of time away from work. A serious injury could also impair a person’s ability to perform routine daily activities. New Jersey has particularly unique and complex laws for insurance claims related to car accidents. This is why it is so important for victims to speak with an experienced car accident attorney in New Jersey. Our team of New Jersey car accident attorneys at the Law Offices of Beninato & Matrafajlo is committed to helping accident victims get the support and justice that they need. We can investigate the unique facts of your case free of charge and let you know if you have a claim that can be pursued. You can reach out to our office anytime at 908-355-7100.
Common Causes of Car Accidents in New Jersey
Car accidents are often highly complex events. The factors that contribute to any accident could take place hours, days, or even weeks beforehand. What follows are some of the most common causes of car accidents in New Jersey.
- Distracted Driving: One of the most common causes of car accidents is distracted driving. A driver could be distracted by any number of items or situations, including texting, calling, or using GPS while driving. Reaching for items that fall onto the floor can also be hazardous.
- Reckless Driving: Drivers are substantially more likely to be involved in a collision if they are driving recklessly. In particular, speeding remains one of the most common causes of serious injury and fatal collisions. According to the National Highway Traffic Safety Administration (NHTSA), over 12,000 people were killed in accidents involving speeding drivers in 2022 alone.
- Impaired Driving: Driver intoxication remains another major cause of car accidents in New Jersey and the United States. The NHTSA estimates that over 13,000 people died in collisions with an alcohol-impaired driver in 2022. What many people don’t understand is that a variety of substances could potentially intoxicate them besides alcohol, including over-the-counter medications and prescriptions.
- Poor Road Infrastructure: Road conditions can contribute to car accidents. Potholes, improper signs, or inadequate lighting could all make it more difficult for drivers to safely navigate a road. When roads are not properly banked, this could lead to an accumulation of water buildup that causes vehicles to hydroplane.
- Adverse Weather Conditions: People become familiar with driving under favorable weather conditions. It is common for drivers to fail to take proper precautions during periods of adverse weather. Fog, rain, snow, and ice on the roadway could become serious hazards, especially for inexperienced drivers.
- Aggressive Driving: Road rage is unfortunately a very common occurrence. This can manifest in a series of poor driving habits, including tailgating and aggressive lane changes. All of these behaviors can substantially increase the odds a driver will be involved in a collision.
Regardless of how a car accident took place, it is important to seek the guidance of an experienced car accident attorney. A NJ car accident lawyer can make all the difference when it comes to achieving a positive outcome.
Understanding New Jersey Car Accident Laws
New Jersey operates off of a ‘no-fault’ insurance scheme. Every driver must have Personal Injury Protection (“PIP”) insurance, according to N.J.S.A. 39:6A-3.2. PIP insurance provides coverage to policyholders and passengers regardless of who was at fault for the collision. Negligence claims can also be pursued in New Jersey by accident victims if they are seriously injured as outlined in N.J.S.A. § 39:6A-8(a). There are many different injuries that would fall within this category under the statute.
- Death
- Dismemberment
- Significant disfigurement
- Significant scarring
- Displaced fractures
- Loss of a fetus
- Permanent injury other than scarring
When a negligence claim is being pursued, accident victims can still seek compensation if they were partially at fault. New Jersey assesses damages in these claims on the basis of comparative negligence. What this effectively means is that if you’re partially at fault for an accident, any damages that you were awarded are reduced proportionately by the percentage you were deemed to be at fault. However, car accident victims may be barred from pursuing damages if they are deemed to be more than 50% at fault for a collision.
Filing a Claim in Time in the State of New Jersey
It is important that accident victims are mindful of the statute of limitations that may apply to their case. Generally speaking, most personal injury claims must be filed within two years from the date of the accident. These limits can be shorter or longer depending on certain factors, particularly if the accident victim was a minor. Despite this relatively long window, there are still important reasons to act with a sense of urgency after an accident.
- Evidence can become unavailable after periods of time.
- People’s memories of events can become unreliable over longer periods.
- Achieving fair settlements can take time. By seeking counsel early on, accident victims are more likely to receive the compensation that they need at an earlier date.
- Gaps in medical treatment can impair the value of a claim.
Any type of delay can substantially impact a car accident case, even when cases are filed within the statute of limitations. An experienced New Jersey car accident lawyer can help gather all of the evidence related to your case and take steps to help make it as strong as possible. Hiring a NJ car accident lawyer as early as possible is a crucial step towards achieving the best outcome possible after any car accident in New Jersey.
Reasons To Hire A Car Accident Attorney In New Jersey
As discussed previously, New Jersey has a complex set of laws related to car accident claims. Navigating these laws and procedures can be immeasurably difficult and burdensome for the average person. There are several reasons that you should strongly consider hiring a New Jersey car accident attorney to handle your injury claim.
- Legal Expertise: An attorney can successfully navigate all of the complex car accident laws within the state of New Jersey.
- Case Investigations: Personal injury attorneys can investigate all of the unique circumstances of your case and identify all potentially liable parties. It is possible that more than one party could be responsible for your accident, particularly if it was caused by a dangerous condition on public property.
- Maximizing Compensation: An attorney can take steps to ensure that you are fairly compensated for all of the damages that you’ve suffered. In most situations, this will include economic and non-economic damages.
- Dealing With Insurance Companies: Insurance providers will use every trick in the book in order to avoid paying accident victims fair settlements. One of the most critical roles that an attorney can play is negotiating with these providers on your behalf to prevent any type of unfair settlement.
- Expert Resources: Lawyers have access to a number of specialists that can help establish liability for any collision and increase the overall value of an injury claim. These experts often include accident reconstruction specialists, financial analysts, and medical professionals.
- Courtroom Representation: The vast majority of injury claims will settle before ever reaching a trial. But if insurance providers are not willing to offer a fair settlement, an attorney can aggressively represent your interests in the courtroom.
Handling an injury claim can be completely overwhelming for most people. Hiring an attorney to take care of everything on your behalf can reduce stress and allow you to focus on healing. Perhaps one of the greatest advantages of hiring a New Jersey car accident attorney is that they get paid entirely off of a contingency fee basis. You don’t owe them any money upfront. They only get paid from the opposing insurance provider if they are able to successfully resolve your claim.
Steps To Take After A New Jersey Car Accident
Being involved in a car accident can leave victims in a state of panic and dread. It is important for victims of these collisions to try to remain as calm as possible. Here are just a few of the steps that you should take in order to help protect your physical and financial well-being after a collision in New Jersey.
- Ensure Safety: Accident victims should do everything in their power to move vehicles safely off the road if they’ve been injured. Staying in the middle of the road after a collision can leave affected parties vulnerable to being struck by another vehicle.
- Report the Accident:Contact the police after any accident. They will create an official record of what happened, which can prove to be highly useful in the event of a legal claim.
- Collect Evidence: Accident victims should collect as much evidence as possible after a collision. This will include taking photos of the crash site and gathering any contact information from eyewitnesses.
- Seek Medical Attention: Getting a thorough medical evaluation is an important step for accident victims—even if they don’t feel as though they were injured. Car accidents can leave people in a state of shock that may easily mask the presence of underlying injuries.
- Contact a Car Wreck Attorney: Early legal guidance can be immensely important in helping victims avoid serious mistakes that could damage their claim.
Insurance providers will often try to settle claims quickly for low amounts of compensation. But these deals should nearly always be rejected. Among other things, they often fail to take into consideration the full extent of all of the damages that a victim has suffered. They will also foreclose the possibility of receiving additional compensation if additional surgeries or procedures are needed.
Types of Compensation Available After a New Jersey Car Accident
Accident victims within the state of New Jersey may be entitled to various forms of compensation. This will typically fall into one of two categories—economic and non-economic.
- Medical Expenses: Compensation is available for all of the medical expenses that you incur as a result of an injury. Both past and future medical bills can be covered.
- Lost Wages: If you had to take time away from work due to an accident, the lost wages that you missed out on can be taken into consideration. When an accident results in a reduced earning capacity, victims can be compensated for this as well.
- Pain and Suffering: Nearly all injury cases will involve at least some pain and suffering. This can range from minor to very severe, especially when an accident results in damage to a person’s back.
- Emotional Distress: Car accidents can result in long-term psychological trauma, even after a person’s physical injuries have healed. Many victims of car accidents have reported experiencing anxiety, depression, and nightmares long after their injury.
- Punitive Damages: When a defendant’s conduct is particularly egregious, a court may choose to award a plaintiff punitive damages. These are designed to punish bad behavior and prevent it from taking place again.
A car accident attorney in New Jersey can evaluate all of the unique facts of your case and let you know what your claim may actually be worth. They will pursue all available compensation that you may be entitled to. There is a tremendous benefit to hiring a law firm that specializes in accident claims.
Why Choose the Law Offices of Beninato & Matrafajlo?
Accident victims should understand that not all lawyers are the same. An ideal attorney to handle a New Jersey car accident claim should fit numerous criteria. They should have an abundance of experience handling New Jersey car accident cases. Good attorneys should have a positive reputation with clients and their peers. They should also have a track record of successfully resolving cases similar to your own.
If you are looking for the best car accident attorneys in New Jersey that fit all of these criteria, then you need to look no further. Our team of attorneys at Beninato & Matrafajlo is here for you. We have decades of experience handling some of the most complex car accident claims in New Jersey. In fact, we have recovered hundreds of millions of dollars on behalf of our deserving clients. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here to serve your needs. You can reach out to us anytime for a risk-free consultation at 908-355-7100.
This post is also available in ES.
Frequently Asked Questions
New Jersey car accident lawyer as soon as possible. This could even include the same day that an accident takes place. An attorney will evaluate your claim and let you know if they can pursue damages on your behalf.
New Jersey has a comparative negligence law. Under this law, accident victims can receive compensation, even if they are partially at fault for an accident.
Yes, in most cases you will have legal recourse, even if the other party was uninsured. Most car accident claims in New Jersey will go through the driver's own PIP insurance plan, regardless of who is at fault.
No two cases are the same. Some cases may resolve in several months, while others may take several years. Cases will tend to take longer if the insurance provider is disputing liability.
The value of any New Jersey car accident case can vary dramatically. But factors that are taken into consideration will include the presence of lost wages, the current and future cost to treat injuries, and a victim’s pain and suffering.
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(Translated by Google) Good customer service (Original) Buen trato a los clientes
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