Hamilton Township Car Accident Lawyers

Proudly serving all of New Jersey

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Every year, millions of people are affected by car accidents. According to a recent report published by the National Highway Traffic Safety Administration, close to 37,000 people lost their lives in traffic accidents throughout the nation in 2018. In the same year, almost 2.7 million people were injured in traffic accidents.
Auto accidents can happen to anyone and at any place, including Hamilton Township. Traffic accidents tend to be unexpected – in a single instant, a person’s life can be forever changed by an unforeseen collision. The consequences of an auto accident can be moderate, but many are severe. When a person suffers severe injuries as a result of the reckless or careless actions of another, it can be very difficult for the injured victim to continue life as it once was.

When a party causes a car accident, our legal system allows injured victims the opportunity to obtain monetary compensation for their losses. Filing an auto accident claim against the responsible party will aim to bring justice to the victim and discourage similar types of accidents in the future. Earning fair compensation from the liable party, however, can be incredibly challenging.

Understand Your Legal Rights

When a party causes a car accident, our legal system allows injured victims the opportunity to obtain monetary compensation for their losses. Filing an auto accident claim against the responsible party will aim to bring justice to the victim and discourage similar types of accidents in the future. Earning fair compensation from the liable party, however, can be incredibly challenging.

It is imperative that Hamilton Township residents who have been involved in a car crash understand their legal rights following a crash, especially their right to pursue compensation from anyone determined to be at-fault. At Lependorf & Silverstein, P.C., our Hamilton personal injury lawyers will work to receive the compensation needed for any and all of your accident-related damages.

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Common Car Accident Injuries

The injuries that can result from an automobile or motorcycle accident can range from the very minor, such as scrapes and bruises, to serious injuries that require extensive medical treatment. The following are some of the more common types of car accident injuries:

• Neck injuries, which can be mild (such as whiplash) to severe (like disc injury).
• Back injuries caused by the impact of a crash and the torque on the bodies of the car’s occupants.
• Brain and head injuries, of which a closed head injury is one of the more common types of injuries (including traumatic brain injury or a concussion).
• Facial injuries, which can be caused by a number of different things and be as serious as fractures or dental injuries.

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Car Crash Causes

A motor vehicle collision can be caused by a number of factors; however, some of the top reasons car accidents occur can be attributed to the driver. With almost 1.2 million people in the U.S. losing their lives in automobile crashes every year, a number which is only expected to rise in the coming years, understanding what frequently causes an accident may help Hamilton Township drivers avoid a serious crash. Common causes of auto accidents include:

• Speeding: Driving at excessive speeds reduces a driver’s reaction time and increases the severity of an accident.
• Drunk driving: A drunk driving collision is completely preventable, yet causes thousands of deaths each year.
• Driver fatigue: Drowsy drivers cause approximately 100,000 accidents annually in the U.S.
• Distracted driving: A problem that has gained more awareness in recent years, distracted driving involves the many things that can distract a driver, such as cell phones or interaction with other passengers.
• Inclement weather: Though this is out of a driver’s control, a driver can control his or her actions behind the wheel to prevent a crash, such as slowing down during bad weather.

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Aside from driver negligence, there are also other common types of car accidents, which include:

• Defective auto body parts: At times, those who designed, assembled, or sold a vehicle can be held accountable when an accident occurs. Based on product liability laws, manufacturing companies responsible for placing a defective product in the market can be held accountable for their negligence. Common examples of defective products include defective brakes, airbags that fail to deploy, and tires that blow out when brand new.
• Poor road conditions: When a road is not built, designed, or maintained adequately, a government agency can be held accountable for the accident. Claims made against government agencies can be challenging and it is important to recognize that filing a claim against a government entity may require a separate set of rules.

Establishing Fault After a Car Accident

When an injured person is seeking to file an auto accident claim, obtaining fair compensation will depend on whether a strong case can be made against the accused party. For the most part, this will depend on whether it can be proven that the accused party’s negligence led to the accident. A successful auto accident claim will demonstrate the following elements when the at-fault party is another driver:

• Duty of Care: The first factor to demonstrate is that the accused driver owed the claimant a duty of care. This factor can be relatively easy to demonstrate when the at-fault party is another driver, since drivers in New Jersey are required to operate their vehicles in a reasonably safe manner.
• Breach of Care: Motorists have a responsibility to behave reasonably prudent. To determine whether the driver’s actions are considered reasonable would be to compare their actions to what an average driver would do given similar circumstances.
• Causation: It is also necessary for the claimant to demonstrate that his or her injuries were a direct consequence of the accused party’s negligent actions.
• Damages: Ultimately, claimants must show that they sustained monetary damages as a result of the accident.

Obtaining Compensation After a Car Accident

The State of New Jersey is one of a few steps that follow a no-fault insurance coverage system. Based on this type of insurance, a person can obtain compensation for his or her medical expenses and other out-of-pocket losses incurred by the accident. This insurance policy is known as personal injury protection, or PIP, and it will provide coverage no matter who was at fault for the accident. Although compensation can be immediately obtained for certain economic losses, the State of New Jersey will not allow for compensation on non-economic losses, including emotional distress and a loss of quality of life.

When it comes to auto insurance coverage, car owners in New Jersey are required to carry at least a “basic” insurance policy. With this type of coverage, however, injured car accident victims are bound by what is referred to as a “limited right to sue”. Unless the victim suffers from the following, he or she will be unable to file a personal injury lawsuit against the at-fault driver:

• The loss of a fetus
• The loss of a body part
• A displaced fracture
• Significant scarring
• Permanent injury
• Death

When the auto accident meets the aforementioned threshold, the injured person will gain the legal right to file a personal injury claim against the negligent driver or a third-party insurance claim. At this point, the injured auto accident victim will be able to pursue compensation for non-economic losses, including pain and suffering, psychological trauma, and loss of quality of life.

Why Hire a Car Crash Lawyer?

In the event of a car collision, a victim will certainly need ample time to recover from his or her injuries, both physical and mental, and will also need proper medical treatment to heal. Without proper compensation from any of the negligent parties who caused the crash, an injured victim’s recovery will be that much more challenging. At Lependorf & Silverstein, P.C., our attorneys understand how devastating being involved in a car or bike accident can be and how difficult it is to recover. We will protect your lawful rights and ensure full compensation is given so that you get on with life. Please call (609) 240-0040 to schedule a free consultation.

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