Car Accidents in New Jersey: What You Need to Know

Did you know that New Jersey sees tens of thousands of car accidents every year? In 2020 alone, there were 42,791 injury crashes reported throughout the state. Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries, insurance companies, and legal procedures. This guide provides essential information about car accidents in New Jersey, including what to do after an accident, your legal rights, and how to protect yourself.

What to Do Immediately After a Car Accident

Taking the right steps immediately following a car accident can protect your health and your legal rights. Here’s a checklist:

Ensure Safety: Move your vehicle to a safe location, away from traffic, if possible. Turn on your hazard lights.
Check for Injuries: Assess yourself and others for injuries. Call 911 immediately if anyone needs medical attention.
Call the Police: In New Jersey, you must report an accident if there is injury, death, or property damage exceeding $500. The police will create an official accident report, which is crucial for insurance claims and potential legal action.
Exchange Information: Exchange contact and insurance information with the other driver(s) involved. Include your name, address, phone number, vehicle registration, and insurance details.
Collect Evidence: If you can, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Note the time of the accident and weather conditions. Also, collect contact information from any witnesses.
Seek Medical Attention: Even if you feel fine, see a doctor as soon as possible. Some injuries, like concussions or internal bleeding, may not show immediate symptoms. Documenting your injuries early helps establish a clear record for any potential personal injury claims.

New Jersey’s No-Fault Insurance System

New Jersey operates under a “no-fault” insurance system. This means that, regardless of who caused the accident, your own insurance policy (specifically, your Personal Injury Protection or PIP coverage) will cover your medical expenses and lost wages.

Key Aspects of the No-Fault System:

PIP Coverage: Every driver in New Jersey is required to carry PIP coverage. This coverage pays for your medical bills, regardless of fault.
Filing a Claim: You typically file a claim with your own insurance company first.
Limitations: While the no-fault system aims to streamline the claims process, it can limit your ability to sue the at-fault driver.

When Can You Sue After a Car Accident in New Jersey?

While New Jersey’s no-fault system limits lawsuits in many cases, there are exceptions. You may be able to sue the at-fault driver if:

Serious Injuries: You have sustained significant injuries, such as disfigurement, dismemberment, or permanent disability.
Exceeding PIP Coverage: Your medical expenses and lost wages exceed your PIP coverage limits.

Understanding Negligence and Fault

Even in a no-fault state, determining negligence is crucial, especially when injuries are severe. New Jersey follows a “modified comparative negligence” rule. This means:

Partial Fault: You can still recover damages even if you were partially at fault for the accident, as long as your share of the fault is not more than 50%.
Damage Reduction: Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and awarded $10,000, you would receive $8,000.
Bar to Recovery: If you are more than 50% at fault, you cannot recover any damages.

To establish liability, you must prove that the other driver had a duty to operate their vehicle safely, they breached that duty, and their breach directly caused the accident and your injuries.

Common Causes of Car Accidents in New Jersey

Many factors can contribute to car accidents. Some of the most common causes in New Jersey include:

Distracted Driving: This includes texting, using a cell phone, eating, or any activity that takes attention away from driving.
Driving Under the Influence: Driving while impaired by alcohol or drugs significantly reduces a driver’s ability to control a vehicle safely.
Speeding: Exceeding posted speed limits or driving too fast for conditions reduces reaction time and increases the severity of crashes.
Following Too Closely (Tailgating): This reduces the driver’s ability to stop in time to avoid a rear-end collision.
Drowsy Driving: Operating a vehicle while fatigued impairs reaction time and attentiveness.
Reckless Driving: This includes behaviors such as tailgating, unsafe lane changes, and failing to yield.
Weather Conditions: Rain, snow, ice, and fog can make driving more hazardous, reducing visibility and increasing stopping distances.

Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault party.

Property Damage: The statute of limitations for property damage claims is six years from the date of the accident.
Wrongful Death: If a car accident results in a fatality, the statute of limitations for a wrongful death claim is two years from the date of death.
Claims Against Government Entities: If the accident involves a government vehicle or employee, you must file a Notice of Claim within 90 days of the incident.

Missing these deadlines typically means forfeiting your right to pursue compensation, so acting promptly is critical.

The Importance of Legal Representation

Navigating the complexities of New Jersey car accident laws can be challenging. An experienced New Jersey car accident lawyer can help you:

Understand Your Rights: An attorney can explain your legal options and ensure you understand your rights under New Jersey law.
Investigate the Accident: They can conduct a thorough investigation to gather evidence, identify all responsible parties, and build a strong case.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you receive fair compensation.
File a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Meet Deadlines: A lawyer can ensure all necessary documents are filed within the strict deadlines set by New Jersey law.

Finding a Qualified Attorney

When choosing a car accident lawyer in New Jersey, look for:

Experience: Find a lawyer with a proven track record of success in car accident cases.
Specialization: Choose a lawyer who specializes in personal injury law.
Local Knowledge: A New Jersey attorney will be familiar with the state’s laws and court system.
Client Reviews: Read reviews and testimonials to get an idea of the lawyer’s reputation and client service.

Many personal injury firms offer free consultations, so take advantage of this opportunity to discuss your case and learn more about your legal options.

Conclusion

Car accidents can have devastating consequences, but understanding your rights and taking the right steps can help you protect yourself and recover the compensation you deserve. By knowing what to do after an accident, understanding New Jersey’s car accident laws, and seeking the help of a qualified attorney, you can navigate the aftermath with confidence.