Car accidents often take drivers by surprise, especially when the other driver is driving recklessly. Negligent drivers can cause serious injuries that come at a steep financial cost. Injured victims often have expensive bills and no way to pay them.
Distracted driving, intoxicated driving, or disobeying traffic laws are all possible causes of crashes. New Jersey is a no-fault insurance state, and drivers are covered by their own personal injury protection (PIP) insurance. However, PIP insurance does not cover all your damages, and you might be able to file a lawsuit to claim additional damages, depending on your injuries. Important evidence to gather includes photos and videos from the crash site, witness testimony, your medical records, and more. You can recover damages for the expenses related to your accident, including non-economic damages not normally covered by PIP insurance.
After being injured in a highway collision, you might have difficulty returning to your regular life and dealing with all the expenses. Our Montclair, NJ car accident lawyers can help you get financial compensation to put your life back together. Call The Carrion Law Firm for a free case review at (718) 841-0083.
How Car Accidents Happen in Montclair, NJ
Car accidents can be unpredictable and happen at almost any time. Some crashes are freak accidents that nobody saw coming, but many others result from more common causes. Our Montclair, NJ car accident attorneys have handled various car accident cases and can help you figure out how your accident happened.
The traffic code and traffic control signals (e.g., signs, lights, signals) are designed to control traffic flow and maintain road safety. When drivers violate these traffic codes, accidents are likely to occur. For example, failing to stop at red lights or stop signs is a good way to cause a collision in an intersection.
Distracted driving is one of the most significant causes of accidents in New Jersey and the rest of the United States. Devices like cell phones and tablets are so prevalent nowadays that it is easy to be distracted by a text or phone call on the road. If another driver takes their eyes off the road, even for a few seconds, they might crash into you.
Drunk driving is not only a common cause of serious accidents but is highly illegal and a criminal offense. Drunk drivers have slower reflexes and may experience blurred vision that impairs their ability to drive safely.
Some accidents happen not because of poor driving but because of bad weather or poor road conditions. For example, drivers might need to drive below the speed limit to maintain safety when the road is icy or wet. Even driving at the normal speed limits might be dangerous if the road is too slick. Similarly, driving in low visibility, like during a storm, also means drivers should be driving more defensively than normal. If they do not, accidents are more likely.
Filing a Lawsuit After a Car Accident in Montclair, NJ
Car accidents are very expensive, and you might need help paying for everything. Filing a lawsuit can help you pay for your expenses by getting compensation from the negligent defendant. However, New Jersey has certain laws regarding insurance that make filing a lawsuit difficult in certain circumstances.
New Jersey auto insurance laws operate under a no-fault system. This means that each driver’s own personal injury protection (PIP) insurance covers their medical expenses and other economic damages after an accident, regardless of who is at fault. Unfortunately, PIP insurance does not cover non-economic damages like pain and suffering, and you need to sue for those damages. Many insurance policies come with a limited right to sue, and drivers must show their injuries meet a verbal threshold to file a lawsuit.
This verbal threshold states that your injuries must be of a certain type and severity to permit a lawsuit. Your injuries must include dismemberment, significant disfigurement or scarring, fractures, loss of a fetus, death, or other permanent injuries. If you experience one of these injuries, you can file your lawsuit.
Other insurance policies come with an unlimited right to sue, which means you are not restricted by the verbal threshold. Our Montclair, NJ car accident lawyers can review your insurance policy before getting started on your case.
You should also know that New Jersey has a “pay to play” rule. This rule holds that drivers who do not carry insurance as required by law might be barred from filing a lawsuit against other negligent drivers. Even if your accident was the other driver’s fault, you might not be able to sue them if you did not have insurance.
Important Evidence in Montclair, NJ Car Accident Cases
Evidence is the bread and butter of your lawsuit. You cannot hold the defendant liable without evidence and get compensation for your damages. A lot of important evidence will come from the scene of the accident, including photos and videos. Immediately after the crash, if you are able to do so, you should record as many pictures and videos as you can. These images help preserve the scene and record details that are lost when law enforcement cleans up the crash site.
Our Montclair, NJ car accident attorneys can also help you find witnesses to testify in your trial. Eyewitnesses who saw your accident unfold can provide important details nobody else can. Multiple witnesses from different vantage points may be extremely helpful. If necessary, we can hire accident reconstruction experts to recreate the accident scene and provide compelling expert opinions about the crash.
Your medical records will help us establish the existence of your damages. If your records indicate severe injuries, we will be better able to argue for greater damages for your pain and suffering.
Call Our Montclair, NJ Car Accident Attorneys for Help
If you were hurt in a car crash and need help making ends meet while recovering from your injuries, our Montclair, NJ car accident lawyers can help you get compensation from the other driver. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.