Car Accident Attorneys in Cherry Hill, NJ

Auto Accidents Frequently Asked Questions

• I was involved in an auto accident. What should I do?

  When you have been involved in an auto accident, there are several things you can do to protect your rights and your options for recovering compensation. The first step is to seek medical attention for any injuries you have sustained in the auto accident. This is not only important for your physical and mental well-being; it also provides written documentation of your injuries immediately after the accident. Take photos of your injuries as well as the accident scene, including damage to vehicles, road signs, lighting, and weather conditions at the time. Obtain contact information from the other drivers, as well as any witnesses to the accident. Do not make any statements apologizing for the accident; this can be considered an admission of guilt and can be used against you in an auto accident claim. Finally, speak to an experienced auto accident attorney at Andres, Berger & Tran who will review your case and discuss your legal options.

• What types of motor vehicle accidents are covered in a personal injury claim?

  Personal injury claims may be filed for any motor vehicle accident that is the result of another person or entity’s negligent actions. Examples of motor vehicle accidents include auto accidents — fender benders, T-bone accidents, head-on collisions, rear-end collisions, and hit-and-run accidents — auto accidents with pedestrians, auto accidents with bicycles, motorcycle accidents, truck accidents, Uber accidents, bus accidents, taxi accidents, and more.

• What types of compensation can I recover in a New Jersey auto accident case?

  If you have been injured in a car accident that was the result of another person’s negligence, then you may file a personal injury claim to recover damages. Compensation for auto accidents may include medical expenses, pain and suffering, lost wages, loss of sick or vacation time, loss of enjoyment, and property loss. In New Jersey, if you share some level of responsibility for the auto accident, your compensation will be affected.

• How much time do I have to file a claim for an auto accident in New Jersey?

  New Jersey’s statute of limitations for personal injury claims — the legal timeframe established for filing a claim in the civil courts — is two years from the date of the auto accident. Claims must be filed within that two-year window otherwise the courts can refuse to hear the case. Once the case is dismissed, so is the opportunity to recover damages for the auto accident.

• What is “negligence” in an auto accident claim?

  “Negligence” is the basis for all personal injury claims, including auto accident claims. If a person is negligent, they have behaved in a manner that is careless or reckless, which has resulted in harm or injury to another individual. In the case of an auto accident, a person can be considered negligent for distracted driving, speeding, driving while under the influence of alcohol or drugs (DUI), and rapidly change lanes. A person can also be considered negligent if they fail to do something they should be doing, such as not signaling for turns, not stopping at a pedestrian crosswalk, failing to yield, running traffic lights or stop signs, failing to turn lights on when night driving, and not heeding standard traffic safety precautions. When driving, individuals must exercise care to avoid injuring others. When a driver does not exercise reasonable care and someone is injured as a result of that behavior, the driver is considered liable for the injuries they caused.

• I am partly to blame for my auto accident. Can I still recover compensation for my injuries?

  It is not unusual for more than one person to bear responsibility for an auto accident. In these cases, the state of New Jersey follows a “modified comparative negligence” rule, which means that if you are somewhat responsible for the auto accident, your compensation will be affected.
  
  New Jersey’s modified comparative negligence rules reduce the amount of compensation you would receive for your auto accident injuries by an amount that is equal to your level of responsibility for the accident. For example, if you are 30 percent responsible for your auto accident, then the compensation you will receive for your accident injuries will be reduced by 30 percent. However, if it is determined that you are more than 50 percent responsible for the auto accident, you will not be able to recover any compensation from the other at-fault parties.

• I was in an auto accident and the other driver’s insurance company contacted me to provide a statement regarding the accident. Should I talk to them?

  When there is an auto accident, it is not uncommon for one driver’s insurance company to reach out to the other driver to discuss the details of the accident. If you have been involved in an auto accident, it is best to discuss your accident with an experienced auto accident attorney, not the insurance adjuster. Any statement given to the insurance company can be used against you in your personal injury claim. Your auto accident attorney will protect your rights, speak on your behalf to the insurance company and others, and act in your best interests. Schedule a complimentary consultation with an auto accident attorney at Andres, Berger & Tran

• The other driver’s insurance company offered me a settlement for my auto accident. Wouldn’t it just be easier to accept it, rather than filing a personal injury claim?

  While it can be very tempting to accept the initial settlement offered by the other party’s insurance company, it is not in your best interests to do so. Insurance companies are interested in protecting their bottom line, and will typically offer a prompt payment with the lowest possible compensation for the injuries you sustained. Initial settlement offers do not include additional expenses associated with your accident injuries, such as surgeries, rehabilitation, loss of wages, ongoing medical treatments, and other losses. So rather than accepting the initial settlement offer, consult with an experienced auto accident attorney at Andres, Berger & Tran, who will provide a case evaluation, discuss what kind of compensation you can recover, and advise you of the best course of action in your particular situation.