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In one year alone, speeding resulted in over 20,000 accidents and was a factor in 79 fatal car accidents in New Jersey. However, while speeding is a violation of traffic laws that can lead to a ticket, courts will not automatically deem a speeding driver at fault for a car accident.
There are a number of ways to prove that speeding was a factor in an accident. Witnesses might be able to testify that a driver was speeding shortly before a crash. Traffic cameras or GPS data can also provide fairly clear proof that someone was speeding. Forensic specialists can reconstruct the circumstances of an accident and determine the speed of a driver based on physical evidence like skid marks on the road, the amount of damage to the vehicles involved, and whether or not airbags deployed.
Proving that a driver was speeding helps show that the driver was negligent and, therefore, at fault for the accident. However, other factors are relevant as well, such as whether the other driver was also driving carelessly or aggressively.
WHAT IS AGGRESSIVE DRIVING?
Aggressive driving is any deliberate and unsafe driving behavior that puts others on the road at risk. Common forms of aggressive driving include:
- Speeding
- Tailgating
- Running red lights
- Weaving in and out of traffic
- Cutting off cars
- Blocking other cars from changing lanes
While many aggressive driving behaviors are illegal and would be enough to justify the police pulling the driver, that does not mean a court will automatically find the aggressive driver at fault for an accident. So if you’re injured by an aggressive driver, it’s important to consult with a personal injury attorney.
WHAT IS ROAD RAGE?
Road rage is an extreme form of aggressive driving. Road rage is such a big problem in New Jersey that the state passed Jessica’s Law, which levies severe criminal penalties for those who injure others in road rage incidents.
An important question in any road rage case is whether the driver caused injury intentionally or by accident. While intentional injuries can lead to higher damage awards, car insurance doesn’t cover intentional injuries.
As a practical matter, it’s often a better idea to accuse the raging driver of negligence so that the driver’s insurance policy will be available to pay the claim. Obviously, this does not work in cases where the driver got out of the car and engaged in violence, but if the case involves a vehicle collision, a negligence claim may be plausible.
WHAT ELSE FACTORS INTO ACCIDENTS INVOLVING AN AGGRESSIVE DRIVER?
In any personal injury lawsuit, the court will determine each party’s contribution to liability for the accident. Any compensation will be reduced by the person’s fault. If a car accident victim is found to be 30% at fault, he or she will receive only 70% compensation for injuries.
For example, in the case of Hynes v. Gibson, a driver tapped his brakes to warn a tailgater to back off. After the tailgater switched lanes and pulled up alongside the driver, the driver raised his middle finger at him. Once they stopped at a stoplight, the tailgater got out of his car, broke the driver’s window, then stabbed him with the tool he used to break the window. Despite the tailgater’s intentional violence, the jury still found the driver 48% at fault for the incident and significantly reduced his award.
If you or a loved one has been injured by an aggressive driver, contact Rosenblum Law for a free consultation.
Drunk driving is one of the leading causes of serious car accidents in America. According to the New Jersey Department of Law and Public Safety, drunk driving is involved in twenty-nine percent of fatal car accidents nationwide.
Fortunately, a person who has been injured by a drunk driver in New Jersey has several options to pursue compensation.
CAR INSURANCE PERSONAL INJURY BENEFITS
The easiest way to be compensated for an injury caused by a drunk driver is through car insurance. Car insurance policies in New Jersey are required to include Personal Injury Protection (or PIP) benefits that are available to pay medical bills and lost wages no matter who is at fault for a car accident.
PIP benefits apply even when the injured driver is intoxicated. In the case of Walcott versus Allstate New Jersey Insurance Co., a woman crashed her car while driving with a 0.10 percent blood alcohol level. She pled guilty to driving under the influence and the defendant, her insurance company, refused to pay out PIP benefits. The woman sued and the Appellate Division of the Superior Court ruled in her favor.
If PIP benefits are unavailable, denied, or insufficient to cover damages, or you want to be compensated for non-economic damages like pain and suffering or mental anguish, you will need to sue the drunk driver.
SUING A DRUNK DRIVER
A good lawyer can usually win a personal injury lawsuit against a drunk driver because drunk driving is a classic example of negligent conduct. But personal injury lawsuits against drunk drivers have their limits. For example, a person may only sue a drunk driver for non-economic damages if he or she sustained permanent injuries.
In some cases, it’s also possible to win punitive damages against a drunk driver. In New Jersey, punitive damages are available only when the responsible party acted with a conscious and deliberate disregard for the safety of others.
SUING A BAR OR RESTAURANT
Under its dram shop law, New Jersey allows victims of drunk drivers to sue the bar or restaurant where the driver got drunk. If a bar or restaurant served alcohol to a visibly intoxicated person, that bar or restaurant can be held liable for injuries caused by that intoxicated person.
Strictly speaking, any organization with a liquor license can be held liable under the dram shop law, not just a bar or restaurant.
SUING OTHERS FOR A DRUNK DRIVER’S CONDUCT
Depending on the circumstances, there may be others liable for a drunk driver’s conduct. If the owner of a car allowed a visibly intoxicated person to drive, the car’s owner can be held liable for negligence.
In other cases, the host of a social gathering who allows a visibly intoxicated guest to continue drinking can be held liable if the intoxicated guest drives drunk and injures another. New Jersey law establishes that any social host who provides alcohol to a visibly intoxicated guest when drunk driving is foreseeable, may be liable for drunk driving injuries.
If you or a loved one has been injured by a drunk driver, contact Rosenblum Law for a free consultation.
It’s common for potential personal injury plaintiffs to ask what their case is worth. There is no clear-cut answer to this question, but there is quite a bit of information that can provide insight as to how the amounts are calculated, what factors are considered, and what an experienced attorney can do to improve the likelihood of getting the best settlement possible.
New Jersey requires all drivers to carry car insurance so that victims of car accidents have a way to get compensation, and all of these car insurance policies must include coverage for Personal Injury Protection, also known as PIP. So, when people or their dependents are injured in a collision, these benefits are available to cover medical bills.
WHAT PIP BENEFITS WILL, AND WILL NOT COVER
PIP benefits must cover personal injuries to the insured or their dependents when they are riding in a vehicle involved in a crash, entering or exiting a vehicle, or a pedestrian hit by a vehicle. But these PIP benefits will only pay for what the law calls “economic damages,” such as medical bills and wages lost because the injured person can’t work. They do not cover pain and suffering, loss of enjoyment of life, or other, non-economic types of damage.
It’s also important to note that PIP benefits have policy limits. The required PIP coverage minimum is a mere $15,000 and the insurer is not required to pay anything over the policy limit. You will need to sue to recover money for expenses over the PIP amount.
SHOULD I PURSUE A LAWSUIT?
If your insurer denies PIP benefits or your medical costs exceed the PIP policy limit, a lawyer can file a lawsuit to force them to pay for your economic losses. They also may be able to get money for non-economic damages like pain and suffering or mental anguish, especially if the accident resulted in permanent injury.
The extent of your injuries and fault of the other driver are factors in determining the amount of a settlement. A lawyer will work with you to collect all of the evidence needed to present a strong case. For example, you will want to show the severity of your injuries and provide adequate supporting medical records. Proof of the other driver’s fault, such as a police report and eyewitness accounts, can also increase the amount you receive.
HOW DO INSURANCE COMPANIES COME UP WITH A SETTLEMENT AMOUNT?
Nowadays, insurance companies rely on computer software programs that apply formulas to come up with settlement calculations. The problem is that such programs can’t measure the real extent of an injured person’s pain and suffering. It can’t foresee possible future expenses caused by issues that develop weeks or months after your accident. And, two people with the very same injury can have their lives impacted in very different ways.
You don’t have to accept what the program calculates for you. Even after insurance adjustment software arrives at a settlement amount, the insurance adjuster assigned to your case may have some leeway in negotiating further.
If you’ve been injured in a car accident, contact Rosenblum Law for a free, no-obligation consultation today.
Riding along New Jersey’s roadways on a motorcycle can be an invigorating experience for riders. Unfortunately, motorcyclists are at increased risk of injury when an accident occurs, with more than eighty percent of the twelve thousand accidents reported between twenty-twelve and twenty-sixteen resulting in injury or death.
There are several options for a victim to get compensation for their injuries. Motorcyclists are required by law to maintain an insurance policy with bodily injury liability coverage on their motorcycles, and car owners will usually have bodily injury liability coverage as a part of their policies as well.
WHAT WILL INSURANCE COVER?
All motorcyclists must have insurance policies that include minimum bodily injury liability coverage to pay for personal injuries. Typically, all drivers will have standard auto policies that include equal coverage. However, drivers may choose a basic auto policy that does not include this coverage.
Generally, the number of victims will determine what a policy will pay out. Basic motorcycle policies and standard auto policies will include a minimum fifteen thousand dollars per victim, and in accidents with multiple victims, they will provide a minimum thirty thousand dollars per accident. If a driver chooses a basic auto policy, they may have no bodily injury liability coverage or only optional coverage of ten thousand dollars per accident.
What’s more, bodily injury liability coverage will typically only cover medical expenses and similar tangible costs (not things like pain and suffering), and fifteen thousand dollars may not be enough to cover even the medical expenses. In cases where this is true, you will need to consider filing a lawsuit.
SUING A LIABLE PARTY
To sue for more compensation, whether for medical expenses or non-economic losses like pain and suffering, you or a loved one usually must experience what is considered a serious injury under New Jersey’s limitation on lawsuit threshold. Most auto and motorcycle policies include the limitation, which will restrict your right to sue, but it is possible to purchase policies without the limitation at a higher cost.
In our experience, you will generally settle out of court within 30 to 90 days if you are able to sue. A good case will have clear mistakes and negligence on the part of a liable party, and they will wish to avoid a trial involving an expensive legal process. However, if you take a settlement, you waive your right to sue or appeal for further compensation. If you and a liable party cannot settle out of court, a trial may take up to three or four years.
The average settlement for a motorcycle case is under $75,000, but there are many confidential settlements that may be well above that number. Of course, the amount you receive will be reduced by your own liability for an accident as determined by the court.
If you or a loved one was injured in a motorcycle accident, contact Rosenblum Law for a free, no-obligation consultation.