Belleville Car Accident Attorney
A vehicle collision is a devastating accident that can leave you with serious injuries, expensive medical bills and many questions. At Brady Reilly & Cardoso, LLC, our Belleville car accident attorneys have what it takes to help you work through the complicated elements of a car accident claim. We understand New Jersey’s insurance laws and how best to navigate them on behalf of each client. Find out how we can help you and your family today. Initial consultations are free.
Belleville Car Accident Resources
To immediately access the resources at any point on this page, click the corresponding links below.
Why Choose Us
The Importance of Hiring a Lawyer
Common Causes of Car Accidents in Belleville
Determining Fault & Proving Liability
Potential Compensation Available in Your Case
New Jersey Car Accident Insurance Laws
Statute of Limitations For Car Accident Cases
Steps to Follow After a Car Accident
Speak to a Lawyer Today
Why Choose Us
- We are experienced and certified trial lawyers. Although most car accident claims settle, we can successfully represent you during a jury trial, if necessary, for fair results.
- Our Belleville personal injury attorneys always go the extra mile for their clients. You can trust that we will keep you updated and work through any complications that may arise during your car accident case.
- On all car accident and other personal injury matters, we take cases on a contingency fee basis. This means you pay nothing until we recover financial compensation for you.
- Our personal injury lawyers in Jersey City, Belleville and Kearny can help.
The Importance of Hiring a Belleville Car Accident Lawyer
Not all car accident cases are complex or require legal assistance. If you or a loved one has a serious or catastrophic injury, however, hiring a lawyer may be necessary.
A diligent attorney will perform an exhaustive investigation into the tragic event. Besides going to the accident site for first-hand observations and evidence collection, your legal counsel would also work on securing any available video footage of the incident or obtaining testimony from witnesses. Here are other ways they can help:
Consultation with Experts
Your attorney will work alongside various professionals to help build your case. Accident reconstructionists can recreate how the collision occurred, often disproving arguments put forth by the defense. Additionally, medical experts can attest to your injuries and forecast any potentially ongoing rehabilitation needs.
Negotiation
Your attorney plays a key role in negotiating with insurance companies who may dispute claims or attempt to pay out lower compensation amounts than you rightfully deserve.
Representation at Trial
Despite efforts at negotiation, some cases must go before a judge or jury where an experienced trial attorney is vital to navigate the legal complexities. A well-trained attorney will present your case convincingly in court to get you the justice you deserve.
In times of such trauma, hiring a qualified car and truck accident attorney in Belleville can help you obtain compensation and also much-needed peace of mind during this stressful period allowing you to focus on your recovery.
Common Causes of Car Accidents in Belleville
Most automobile accidents in New Jersey are preventable. They often stem from avoidable driver mistakes, such as speeding and reckless driving, or other examples of negligence. In personal injury law, someone is negligent if he or she is careless and injures others. Negligence is behind most car accidents in Belleville, with examples such as:
Drunk Driving
Alcohol is a major culprit in car accidents. Drinking impairs vital driving skills such as judgment, coordination, and slows down reflexes drastically — increasing the probability for collision.
Fatigued Driving
Tired drivers can be as dangerous as intoxicated ones. Fatigue slows reaction time, affects decision-making abilities, and in severe cases, might lead to falling asleep behind the wheel.
Speeding and Reckless Behavior
Disobeying traffic laws, speeding, and generally displaying negligent behavior such as tailgating or changing lanes without indicators increases the likelihood of accidents. Drivers that disregard safety are a danger to themselves as well as others on the road.
Additional causes of collisions include:
- Distracted driving
- Texting and driving
- Driving too fast for conditions
- Driving under the influence of drugs or alcohol
- Driving while tired
- Ignoring roadway rules
- Weaving in and out of traffic
- Following too closely
- Ignoring rights-of-way
- Red-light running
Some of these mistakes surpass negligence and reach the definition of recklessness, which means the driver knew or reasonably should have known that his or her actions could cause a car accident, but did them anyway. If a negligent or reckless driver caused your recent car accident in Belleville, you may have grounds to hold that driver financially responsible (liable).
Determining Fault and Proving Liability in New Jersey Car Accident Cases
In car accident cases, proving negligence to establish liability is critical. This legal concept just be proven by showing four key elements:
- Duty: You must show that the driver owed you a duty of care. Every driver has a duty of care to act responsibly on the road and towards other drivers. For example, maintaining appropriate speed limits and complying with traffic signals.
- Breach: You must also prove that the responsible party breached their duty of care, meaning their actions were not in line with what a reasonable person would have done under the same circumstances. An instance could be intoxicated driving or running a red light — both violate that responsibility.
- Causation: It’s crucial to link the breach of duty directly to the accident. For example, if a driver was intoxicated and as a result ran the red light, this is clear causation.
- Damages: Lastly, you must illustrate that the breach of duty resulted in actual harm or suffering. In a car accident, this could be shown by producing medical records and expenses for injuries sustained and loss of income from being out of work while recovering.
Proving these four elements is crucial to obtaining the justice and compensation you deserve.
Potential Compensation Available in Your Case
Determining the amount of compensation you may be entitled to is an essential part of your legal claim or lawsuit. Several kinds are generally available in car accident cases:
Economic Damages
Economic damages are intended to cover financial costs directly associated with the incident. This usually includes medical bills, property damage and repairs, and lost income due to your inability to work.
Non-Economic Damages
This type refers to intangible impacts where money serves as a placeholder for recovery from such loss. Examples include pain and suffering, mental anguish, loss of consortium, and decreased quality of life.
Punitive Damages
Unlike other types of damages that intend to compensate the victim, punitive damages serve as a form of punishment for the defendant. Courts can impose these in cases where they determine there has been malice or willful disregard for your rights by the defendant.
New Jersey Car Accident Insurance Laws
New Jersey is one of only a handful of states that operate under a no-fault insurance law. New Jersey is what is referred to as a “choice” no-fault state, meaning drivers have the choice between “limited” and “unlimited” right to sue insurance. With limited right to sue insurance, an injured accident victim can only hold another driver liable if he or she can prove serious injuries. Otherwise, the driver will file an insurance claim with his or her own personal injury protection (PIP) insurance.
If a driver has unlimited right to sue insurance, however, the driver will retain the right to file a lawsuit against another driver, regardless of the severity of the injuries. A third-party claim can result in greater financial compensation, as the other driver’s liability insurance will most likely cover more than your PIP insurance. However, you or your attorney will have to prove fault to receive benefits through a third-party claim.
Statute of Limitations For Car Accident Cases in New Jersey
The statute of limitations in New Jersey for filing a car accident claim is two years from the date of the incident. Simply put, you generally have two years from your accident’s occurrence to file a lawsuit against any responsible parties:
“Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued…”
However, as with many legal rules, exceptions exist. For example, if the victim is a minor, the deadline may be extended. There are other exceptions that can extend or shorten the deadline, so it’s essential to speak with an attorney as soon as possible following your accident to ensure you don’t miss your chance to recover compensation owed to you.
Steps to Follow After a Car Accident
Being involved in a car accident can be a traumatic experience; knowing the right steps to follow can make handling such an incident less overwhelming. The following are steps you should take after an accident:
Call the Police
No matter how minor your accident may seem, it’s vital that you immediately call for law enforcement. Notifying them promptly about the occurrence will allow them to assist with circumstances at the scene and document events accurately when they’re still fresh.
Later on, ensure that you obtain copies of their accident report, as this documentation could play an integral role during any subsequent insurance or legal proceedings connected with your case.
Get Medical Help
Equally as important is getting medical assistance after the incident. Even if you feel relatively fine at the time, seeking a professional’s opinion can be crucial in identifying and addressing issues that might not be immediately apparent due to shock or adrenaline.
In addition, having proper documentation of any injuries directly sustained from the accident could significantly improve your chances of obtaining compensation during legal proceedings.
Collect Insurance and Contact Information
Never leave the accident scene without first gathering pertinent information from other people involved and any potential witnesses. This should include the driver’s name, license plate number, insurance details, as well as telephone numbers or home addresses.
Hire a Lawyer
At this point, one of the most beneficial steps you can take is contacting a reliable lawyer. Legal representation will guide you through the complex legal system and increase your chances of receiving full compensation.
Injured in a Car Accident? Contact Our Belleville Car Accident Lawyers Today
The experienced and knowledgeable attorneys at Brady Reilly & Cardoso, LLC can go over your legal options in detail with you and help you choose the best route for you and your car accident case. Our Belleville car accident lawyers will work closely with you to identify your goals in the aftermath of a serious collision. Then, we will work diligently to achieve them. Call (201) 997-0030 today to start your case with a free consultation.
