Car Accident Attorney in East Brunswick

Traffic collisions are a leading cause of accidental injury and death for U.S. adults. Each year, more than 1,500 motorists are killed in car accidents in New Jersey and New York and thousands more face serious, life-altering injuries and disabilities.

In fact, nearly 300,000 traffic collisions are reported each year among New Jersey’s 6 million licensed drivers.

Confusion often arises as a result of New Jersey’s status as a no-fault state. In general, this means damages are typically paid by your own insurance coverage through Personal Injury Protection (PIP), which covers medical treatment and optional home care coverage.

However, PIP coverage is meant for minor collisions that do not involve serious injury. The mandatory minimum PIP coverage in New Jersey is just $15,000. Those involved in more serious collisions that result in serious or fatal injuries, may pursue a claim against an at-fault driver’s bodily injury coverage, in cases involving death, loss of an infant, loss of a body part, permanent injury, displaced fractures or significant disfigurement or scarring.

These are complex cases and seeking the advice of an experienced East Brunswick car accident attorney as soon as possible after a collision is the best thing you can do to protect your rights.

Auto Accident Lawsuits in New Jersey

Injured worker receives careProving a personal injury or wrongful death claim requires the following elements:

  • Duty: The injured person must show an at-fault party (usually the driver but may also include a vehicle’s owner or other at-fault third party) owed a duty of care. Every driver has a duty of care to operate their vehicle in a safe manner and to avoid preventable injury to other motorists and road users, including bicyclists and pedestrians.
  • Breach: An at-fault party must be shown to have breached duty of care, either through action or inaction. Speeding, negligence, disobeying road rules or distracted driving are all common breaches of duty.
  • Causation: A plaintiff must show that an at-fault party’s breach of duty caused an accident.
  • Injury: Injury damages must have resulted from the at-fault party’s actions or inactions.
  • Damages: Must have resulted. Determining the full extent of your injuries and the likelihood of future medical issues or other resulting damages is among the primary responsibilities of your chosen car accident attorney. These include economic damages, such as property damage, medical bills and lost wages, as well as non-economic damages like pain and suffering.

Negligence in New Jersey Car Accident Claims

Identifying all responsible parties, determining the full extent of your losses, and proving negligence against all at-fault parties are all critical to successfully fighting for all of the compensation to which you are entitled after a serious or fatal New Jersey car accident.

For years, New Jersey’s mandatory minimum auto insurance coverage has been among the lowest in the nation, requiring just $15,000 in PIP coverage per person and $5,000 in property damage coverage. This is woefully inadequate for all but the most minor collisions. In 2023, the law was updated to require $25,000 per person bodily injury coverage, $25,000 property damage coverage and $25,000 uninsured/underinsured motorist coverage.

Uninsured/Underinsured motorist coverage is coverage motorists carry to protect themselves and occupants in the event of a collision with an at-fault driver who does not have insurance, or lacks coverage sufficient to reimburse damages. This is an important source of coverage that will allow your East Brunswick car accident attorney to pursue your own insurance carrier for damages. In other cases, a third party may also be identified as responsible or partially responsible for damages. This may include another driver, a property owner, an employer, or anyone else who shared blame for a collision or resulting injuries or damages.

It’s important to note that victims may still recover damages under New Jersey law, even if they are found partially at fault for a collision. New Jersey is a modified comparative fault state. Under NJ Rev Stat § 2A:15-5 a victim’s damage award will be reduced by proportion of fault but pursuing a claim is still possible provided a victim is not found to be at majority fault. Additionally, NJ Rev Stat § 2A:15-5.3 permits full recovery from a party found to be 60 percent or more at fault in cases where liability is shared among multiple parties.

The truth of the matter is that auto accidents are rarely “accidents.” Liability typically results from a number of well-known dangerous driving behaviors, including:

  • Distracted driving: By some estimates, more than 40 percent of all traffic collisions involve some form of driver distraction. Use of cell phones or on-board electronics, talking to passengers, eating, grooming, or outside distractions, often result in a momentary lapse of concentration that results in a collision.
  • Drunk driving: Nationwide, intoxicated motorists are responsible for one-third of all traffic fatalities. Permissive marijuana laws and the opioid crisis have also increased the number of motorists on the road who are under the influence of narcotics.
  • Failure to yield: Failure to yield the right of way causes a significant number of collisions each year that disproportionately impact our most vulnerable road users, including motorcyclists, bicyclists and pedestrians. These collisions typically result in very serious or fatal injuries to victims and must be carefully investigated to protect victims’ rights and prevent them from being unfairly blamed for causing or contributing to their own injuries.
  • Rules of the road: Common driving infractions like speeding, following too closely, failure to use turn signals, and failure to obey stop signs, traffic lights or other traffic safety devices are all common causes of serious and fatal motor vehicle collisions.

Serious motor vehicle accidents upend lives and place serious financial burdens upon families. Seeking the advice of an experienced East Brunswick car accident lawyer as soon as possible after a collision is the best thing you can do to protect your rights and the financial wellbeing of you and your family.

If you have been injured call Mayo Law for a free and confidential consultation to discuss your rights at 888-MAYOLAW.