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Car Accidents

When Does a Car Accident Case Go To Court? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

When Does a Car Accident Case Go To Court?

Car accidents occur, whether it’s minor crashes or serious ones. After your accident, educate yourself on what to do if your car accident case heads to court. It can leave you shaken up and confused, but the whirlwind process of a lawsuit can be just as overwhelming. Here are some helpful tips on what to do when a car accident case heads to court.

What Are The First Steps To Take In A Car Accident Lawsuit?

The first step in taking a car accident case to court is filing a civil lawsuit. The plaintiff (the injured person) will file a civil suit with the local court. The defendant (the driver who allegedly caused the accident) will then be served with a summons and a complaint. A defendant is then required to respond to the complaint. 

Afterward, the response is filed with the court and served to the defendant. After the defendant has filed an answer, both sides will gather evidence. This particular process of the proceedings may include depositions, subpoenas, and the discovery process. Once the evidence-gathering phase is complete, the case will go to trial. 

Heading to Trial

At trial, the judge or jury will hear from both sides and decide who was at fault and how much money should be paid. If a jury decides that the defendant should compensate the plaintiff, the case will proceed to the damages phase. The damages phase is where the jury decides how much the plaintiff should receive. After the jury has determined how much the plaintiff should receive, the defendant will be ordered to pay the amount. The plaintiff may take additional steps to collect the money if the defendant does not pay the amount. These steps may include the following:

  • Filing a lawsuit
  • Hiring a collection agency 
  • Garnishing wages 
  • Putting a lien on the property 

No-Fault Insurance

New Jersey’s auto insurance system is “no-fault” insurance. So regardless of who is at fault, your car insurance will pay for your injuries. However, you can still sue the at-fault driver for damages. The idea around no-fault insurance is to: 

  • Reduce the number of lawsuits that are filed against insurance companies
  • Help victims of car accidents get the medical treatment they need
  • Assist victims of car accidents in getting their lost wages reimbursed
  • Protect victims of car accidents from being sued by the at-fault driver
  • Easier for insurance companies to pay claims

Insurance Doesn’t Cover Everything

A “limitation on lawsuit” policy in New Jersey means that if you are in an accident and are sued for damages, you can only collect up to the amount the policy limits. This policy is not required in New Jersey and is one way to lower the cost of your insurance premium. A first-party claim is brought when the injured person sues the at-fault driver, and a third-party claim is obtained when the injured person sues the driver’s insurance company.

If you have a limitation on lawsuit policy in New Jersey, you will be limited to the policy limits in a first-party lawsuit. In a third-party case, you can collect up to the policy limits, but you will have to pay your attorney’s fees and costs. There are some exceptions:

  • Death
  • Loss of Limbs or Dismemberment
  • Significant Disfigurement or Scarring
  • Broken Bones or Fractures
  • Loss of Unborn Life
  • Permanent Injury

These severe injuries may allow you to collect more than the policy limits. Speak to an experienced New Jersey car accident attorney to see if you are eligible for these exceptions, as you can only collect the amount of the policy limits, even if your damages are more significant.

In a third-party claim, you can collect the total damages up to the at-fault driver’s policy limits. If the damages exceed the limits, you can only manage the number of policy limits. Suppose you have a limitation on the lawsuit policy. In that case, you may want to increase your policy limits to ensure you are fully protected in the event of an accident.

Comparative Negligence

New Jersey is a pure comparative negligence state. Insurance companies determine each driver’s degree of fault based on the Comparative Negligence Act, and New Jersey uses a modified comparative fault scheme. If a driver is more than 50 percent at fault for the accident, they cannot recover for any damages sustained. If that person is less than 50 percent at fault for the accident, they can recover, but the total gross compensation is adjusted to account for their degree of responsibility. For example, if you are 15 percent at fault, your complete recovery is reduced by 15 percent.

Insurance is Denying or Devaluing Your Claim

Be cautious when accepting an initial settlement offer from your insurance company after a car accident. It is common for insurance adjusters to pressure injured victims into settling early. Once you agree to a settlement, you cannot return for any additional compensation if you realize your bills were higher than you initially anticipated. Always consult a car accident lawyer before accepting a settlement offer, as insurance companies will find reasons like the following to devalue or deny your claim:

  • Save money for their insurance company.
  • Investigate extensively to provide the claim is valid
  • Stating the damages are not severe enough to warrant a payout 
  • The policyholder is at fault 
  • Delay the payout

Collision coverage should cover the damages to your car in a vehicle accident. If you were injured in the accident, your Personal Injury Protection (PIP) insurance is intended to cover losses like medical bills and lost wages. In the case of serious injury, your PIP coverage may only come close to paying for some of your losses. Or, your own insurance company may deny or devalue your claim. 

What To Do After A Car Accident?

After a car accident, It can be difficult to determine if you have a valid claim and are fairly compensated without an attorney’s help. If you or a loved one have been involved in a car accident, the law professionals at Gold and Albanese can help you determine if you have a valid claim and are fairly compensated after the car accident. Contact us today for more information regarding your case.

Personal Injury Cases We Handle | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Personal Injury Cases We Handle

Personal Injury Litigation Attorneys Serving Clients in New Jersey

Gold, Albanese & Barletti aggressively pursues claims on behalf of those injured due to the negligence or unsafe conditions created by another person or business entity. The personal injury lawyers at the law offices of Gold, Albanese & Barletti, L.L.C. are highly experienced and well-equipped to litigate your serious injury claims. We’ve handled thousands of personal injury cases, providing high-quality plaintiff representation for individuals throughout New Jersey. Our injury lawyers know exactly which steps to take when initiating a lawsuit, so you can receive just and fair compensation from the company or individual involved.

We Take On All Types Of Personal Injury Cases

From broken bones to burns to spinal damage, if you’ve been injured, we believe that the party responsible should compensate you financially while you recover physically. Our injury lawyers have experience providing legal counsel for individuals that have been involved in a diverse range of accidents, including

Motor Vehicle Accidents – Auto accidents can have long-term consequences such as severe injuries, lost wages, medical bills, and costly repairs. Our experienced car accident attorneys can help you get just compensation for your damages and injuries.

Workers’ Compensation– The talented, knowledgeable workers’ comp lawyers at the law offices of Gold, Albanese & Barletti, L.L.C. have years of experience representing injured workers throughout New Jersey.

Medical Malpractice – When medical treatment does not meet an expected standard, resulting in lasting harm or death, it can be grounds for a medical malpractice suit against the doctor or the facility.

Nursing Home Negligence – If you entrusted a family member to an assisted living facility or nursing home and now believe that trust was misplaced, our lawyers can help.

Brain Injuries – Our law firm has helped hundreds of brain injury victims obtain medical care and compensation, and we want to help you.

Broken Bones – Our personal injury lawyers regularly handle cases involving all types of broken bones, including those sustained from back injuries, neck injuries, and compound fractures.

Burn Injuries – We provide results-oriented representation for first-degree, second-degree, third-degree, and fourth-degree burn injuries victims.

Assault and Battery – If you or a loved one has found themselves the victim of assault and battery, then our lawyers stand ready to assist you in receiving fair compensation for your pain and suffering.

Construction Accidents – Construction accidents are one of the most common causes of workplace injuries in New Jersey.

Boat Accidents – A boating accident can involve any type of watercraft, from cruise liners or cargo ships to small personal watercraft.

Explosion & Fire Accidents – If you have suffered injuries in an explosion or fire accident, you may be able to claim compensation for your financial losses and suffering.

Product Liability – Our lawyers have recovered personal injury damages in defective product cases on behalf of clients throughout New Jersey.

Scarring & Disfigurement – We help victims of scarring and disfigurement injuries obtain medical care and compensation.

Spine Injuries – We provide result-oriented representation for people who have suffered neck and back injuries.

Wrongful Death – A wrongful death lawsuit can provide the money you need to cover funeral expenses, medical bills, lost earnings, and more.

Premises Liability – We are a trial-tested law firm that will not back down until our clients receive the total and fair compensation they deserve from premises liability cases.

What is the Goal of Personal Injury Litigation?

Compensation for personal injury cases is likely to fall under the following:

  • Medical expenses
  • Hospital bills
  • Disfigurement and scarring
  • Lost wages, such as those lost due to missing work because of the injury
  • Loss of enjoyment of life
  • Collateral property damage, such as in a car accident

Many personal injury cases also result in damages awards for other issues. Some examples of this include pain and suffering and punitive damages, among others.

Who is Responsible for Personal Injury Cases?

All property owners have a legal duty to supervise, maintain and operate their property in a manner that protects the public from harm. If you or a loved one has suffered an injury due to the condition of someone’s property, take advantage of the free consultation offered by Gold, Albanese & Barletti.

How Much Is My Personal Injury Case Worth?
The value of a personal injury case depends on several factors, such as the accident’s severity, the seriousness of your injuries, and insurance limits, among other things. The primary driver behind case value is how much the plaintiff could get in the damages.

Many of these factors may not have a value that can be appropriately articulated. Still, an experienced attorney will have a general understanding of a case value after hearing all the facts. Personal injury attorneys also work hard to get their clients the most in damages, so it is a good idea to speak with an attorney immediately after you’ve suffered a personal injury where another party is at fault.

Your Role in Personal Injury Litigation
When you’re the client in a personal injury case, there are a few ways you can protect yourself and your case, including:

  • Don’t admit fault for your injury
  • Continue getting treated by your doctor
  • Document any ups and downs you encounter because of your injury
  • Give your attorney any documentation you have that can help your case: police report, insurance documents, and photos or videos of your injuries or the accident scene, among other things.

Personal Injury Settlement

Most personal injury cases end up in settlements where your attorney and the opposing counsel will agree on the damages you’ll receive to cover medical bills, lost wages, and other expenses resulting from your injury. Typically, the process involves your attorney and opposing counsel going back and forth until they reach a dollar amount suitable to your condition.

Contact Gold, Albanese & Barletti Regarding Your Personal Injury Case

Contact our team of experienced personal injury attorneys at Gold, Albanese & Barletti to learn more about your legal rights and options. Based in Morristown, New Jersey, we handle personal injury claims on behalf of clients in New Jersey.

How Do You Know Who Is At Fault In A Car Accident? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

How Do You Know Who Is At Fault In A Car Accident?

If you have ever been in a car accident, you probably have some degree of familiarity with what happens afterward. Usually, if the accident involves bodily injury or property damage, the police come to the scene and write a report that the insurance company will reference during your claim. The authorities will examine said physical evidence at the location, talk to both drivers, and address any witnesses that have come forward.

Afterward, they will summarize their interpretation of what happened and who holds responsibility. Here is some information about how fault is determined in a car accident in New Jersey.

Who Decides Fault in a Car Accident?

Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. Also, they possibly might ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened. Once the insurance company has determined who caused the accident—or if both parties shared fault—they assign percentages of fault to each driver. Suppose you disagree with the insurance company’s assignment of responsibility. In that case, you may speak with a car accident attorney who can put together a claim on your behalf to challenge the decision.

Electronic Evidence

From Photography to a Dashboard Camera, electronic evidence is a significant step in proving you were not at fault for the accident. Dashboard Camera footage is admissible in court and should be shown to the law enforcement officer assigned to the investigation of your accident. The majority of modern vehicles have “black boxes” that record vehicle and event data, which means data points like GPS location, speed, deceleration, seatbelt use, airbag deployment, and collision factors are recorded. A “black box” is an electronic data recorder it will provide how fast the other vehicle was moving in the minutes before the crash, when the driver applied the brakes and how quickly the car was driving.

Accident Reconstruction

Accident reconstruction experts are exceedingly expensive and rely on witness statements for the average fender bender most of the time. What an accident reconstructionist does is work in reverse. By taking the time to document and study evidence provided on the scene, a qualified accident reconstructionist will be able to conclude the cause of the accident and how it unfolded. Important to their analysis is whether there is evidence of:

  • Speeding
  • Running stop signs and red lights
  • Errors in turning and lane changes
  • Loss of driver control due to the failure of a car part or a vehicle defect
  • Dangerous road conditions; and
  • Visibility issues

Understanding Comparative Negligence

Insurance companies determine each driver’s degree of fault based on the Comparative Negligence Act, and New Jersey uses a modified comparative fault scheme. If a driver is more than 50 percent at fault for the accident, they cannot recover for any damages sustained. If that person is less than 50 percent at fault for the accident, they can recover, but the total gross compensation is adjusted to account for their degree of responsibility. For example, if you are 15 percent at fault, your complete recovery is reduced by 15 percent.

After getting into a car accident, it is always recommended to call the police whether you were at fault or not at fault.

Talk to an Experienced NJ Car Accident Attorney Today

If you have any questions or concerns stemming from a New Jersey traffic accident, the Law Offices of Gold, Albanese & Barletti, LLC will help. Contact us today for a free consultation.

What If I Was Hit By An Uninsured Driver? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What If I Was Hit By An Uninsured Driver?

Getting into a car accident can cause someone a lot of stress both in the short and long term. Finding out that the driver who caused the accident is uninsured could lead you to wonder who is going to pay for the consequences of the accident.

If you have been involved in a car accident with an uninsured driver, you may be able to file a lawsuit for your personal injuries in NJ. An uninsured driver can be legally responsible for paying out of pocket for your pain and suffering, and any medical bills caused by the accident. 

Hit By an Uninsured Driver? Here’s What to Do

Following the accident, gather as much information as possible, by taking photos and videos of the scene. If there are any witnesses ask them if you can record a video of them stating what happened. If the other driver has fled the scene, try to record as much as you can that could help the police find the vehicle. Any parts of the license plate, make or model, color, style, and any type of description of the driver could help. 

It might be in your best interest to hire a personal injury attorney as well since situations like this can become a little confusing. You are going to want a knowledgeable and experienced attorney by your side throughout the process. 

Paying Medical Bills When Hit By An Uninsured Driver

Your health should always be the number one priority following a car accident. With the high prices of medical care, it can be stressful when thinking about how those bills are to be paid for. If your injuries are more severe, you could be looking at tens of thousands of dollars or more. 

New Jersey is a no-fault state, which means that each person injured in a car accident has to go through their insurance to get the medical bills paid. The good thing about no-fault states is that you don’t have to rely on the driver who caused the car accident to have enough coverage to pay for your medical bills. Your own insurance company would be able to cover the bills. 

Personal Injury Protection (PIP)

Personal injury protection or PIP is what covers your medical bills, regardless of whether or not the driver that was at fault had insurance. PIP covers the medical expenses for both injured drivers and passengers, even if they don’t have health insurance. You must pay a deductible when PIP pays for your medical bills, which is a certain amount of money that you are required to pay before your insurer starts paying as well. 

Contact Gold, Albanese & Barletti, LLC 

If you have been injured in a car accident by an uninsured driver, and are wondering how you will receive compensation for your injuries, contact us today. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for clients. We will work tirelessly to get maximum compensation for your injuries. 

 

When Should I Hire a Personal Injury Attorney After a Car Accident? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

When Should I Hire a Personal Injury Attorney After a Car Accident?

After being involved in a car accident, you may be interested in hiring a personal injury attorney, but might be unsure of when you should or if your injuries are severe enough to justify hiring a lawyer. It is extremely important to speak with a knowledgeable personal injury attorney following a car accident because not doing so can lead to further expenses down the road. 

Statute of Limitations After A Car Accident

Since there are limits to when you can file a personal injury claim in New Jersey, it is recommended that you seek legal advice quickly after a car accident. The statute of limitations is a law in New Jersey that limits the amount of time you have to file a claim or lawsuit after a car accident occurs. The deadline is 2 years after the date of the accident. It is likely that if you miss this deadline, you will not be able to receive any compensation for your injuries. So, contact a qualified legal counsel as soon as possible.  

Insurance Settlement Offers

Your own insurance company, or someone else’s, could make an initial settlement offer that will not benefit you and instead save them money rather than helping you pay for your injuries. The truth is that the more money you get for your injuries, the more money the insurance company loses. It is also important to note that some injuries can seem minor, but may develop into something worse over time. Since you could be unaware of the full extent of your injuries, it is important to contact a lawyer. 

My Case Seems Minor. Should I Still Contact a Personal Injury Lawyer?

It’s common that people think their case is straightforward or too minor to contact a lawyer because it’s believed it won’t benefit them. It could also be possible that your minor injuries could become worse or never fully heal over time. Personal injury cases are complex, and while you think it could be minor it might not be in the eyes of an attorney.

Talk to a New Jersey Personal Injury Lawyer as Soon as Possible 

If you call a lawyer after the accident happens, it can increase the likelihood of getting the financial compensation that you deserve. While car accidents can be overwhelming, it could really benefit you from contacting a lawyer who can provide legal advice that can benefit you. If you have been involved in a car accident or personal injury incident, and are looking to get in touch with one of our attorneys, then contact us today.

Do I Have To Call The Police After an Accident? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Do I Have To Call The Police After an Accident?

There might be many thoughts going through your head after getting into a car accident. A lot of people wonder if calling the police after an accident is necessary, even if it’s a minor car accident or fender bender. If you have been involved in a car accident, it is important to protect your health and ensure you are compensated for any injuries, which is why it is recommended to contact the police after a car accident occurs.

Am I Required to Call the Cops After A Car Accident?

The actions you take in the hours or even days after a motor vehicle accident can make a huge difference in the compensation that you receive. After a car accident, in the state of New Jersey, it is required to call the police if the accident results in a death or injury, or if the accident causes $500 plus in damage to the property owned by either party.

If you aren’t sure what $500 of property damage looks like, it is best to call the police anyway, since a lot of car repairs are costly and could end up costing you $500 or more. You must call the police as quickly as possible,  and if you can’t access a phone, it’s important to ask the other driver or witness to call. 

Car accidents can be reported to:

  • The local police department
  • Nearest county police office
  • New Jersey state police

It is not legally required to contact your insurance company, but you will want to do so quickly so that you can get the proper coverage for your car accident. Most insurance companies have strict policies that require you to report accidents soon after they occur, which is why it’s recommended to contact them as soon as possible.

Are There Any Time Limitations?

Typically, you should report a car accident right away. Normally people have access to their cell phones and can make a quick call to the police department. If for some reason you do not have access to a phone, but your vehicle is safe to drive following the accident, you can drive to the nearest police department. If your car is not operational after the accident, you can report the accident by calling law enforcement once you get home.

If you are filing a car accident lawsuit against the other driver involved in the accident, it has to be done within the 2-year statute of limitations.

Failing to Report an Accident Can Lead To Criminal Consequences 

Any accidents that are not reported based on the requirements discussed above, can lead to a fine and you could have your driver’s license or car registration suspended. 

Your best bet is to report any accident if you are unsure. It is better to be safe and avoid any consequences of not calling the police. 

What Is Included In A Car Accident Police Report? 

Police are able to provide a lot of insight on a car accident that you might not even think of, so it’s always important to call. They will provide facts, details, and specific descriptions of the accident. Police reports are also important for medical and insurance purposes also, and the more detailed the report is the easier the process will go. 

The accident report will include distinct details about the accident, such as: 

  • Contact information from the drivers and passengers involved in the accident
  • Insurance information from both drivers
  • Witnesses’ information, such as contact details
  • The damage location on vehicles and other property damage information
  • Both the make and model of the vehicles involved
  • The date, time, and location of the accident 
  • The condition of the road and also the weather

Police Reports & Lawsuits

If one of the parties involved decides to take legal action and file a personal injury lawsuit, a police report becomes beneficial. If no police report was filed and there happened to be an injury, the missing police report could be used against the individual who didn’t file one. If the injury was severe, then it is considered illegal. If the injury was minor, it could be argued that the injury was not severe enough to warrant a police report.  

Contact Our New Jersey Car Accident Attorneys Today 

Gold, Albanese & Barletti L.L.C., is a full-service personal injury law firm dedicated to helping accident victims obtain full compensation for their financial losses and pain and suffering. It is important to have an injury lawyer in your corner that is well-versed in traffic accident law so they can help you with your insurance claims. We will handle all aspects of your case, including all dealings with insurance companies. We want to help you get the medical care and compensation you need to rebuild your life. Contact us today to schedule a consultation.

Should I Get a Lawyer for a Car Accident That Was My Fault? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Should I Get a Lawyer for a Car Accident That Was My Fault?

If you were involved in a car accident and you were clearly at fault, it is important to know what you should and shouldn’t do, because taking the wrong actions can cost you money and cause extra hassle that can be avoided. Hiring a motor vehicle accident lawyer after a car accident that was your fault is a good first step, before speaking to the insurance companies. Lawyers know how to deal with insurance companies and can help mitigate any claims that are made against you by the other parties involved in the accident.

What You Should Do After You Think You Caused a Car Accident

If you think (or know for sure) that you caused an accident to occur, try to stay calm. There are steps you should do after a car accident whether or not you were at fault, and you should stay focused to ensure you do (or don’t do) certain things.

There are a few things to keep in mind following a car accident. First, never leave the scene of an accident. You could be turning a bad situation into a much worse situation that may involve criminal charges. At the bare minimum, you should exchange insurance information with the other parties involved in the accident. If there is some degree of property damage or a person has been hurt, you are expected to call the police. While you wait for the authorities to arrive, it is best to keep to yourself and avoid saying anything that could make the situation worse for you. Don’t admit fault or apologize, even if you suspect you were the cause of the accident. It’s understandable to feel nervous and shaken under the circumstances but you should avoid the following:

  • Discussing what you were doing prior to the crash
  • Talking about who you think was to blame
  • Apologizing or making any statements that may indicate you were at fault
  • Asking the other driver questions to try to determine whether they made a mistake as well

Insurance Options

After a car accident, it is important to understand the insurance options. Certain states have different options when it comes to insurance claims for car accidents.

No Fault

There are several states that have no fault insurance laws which means that every driver has their own car insurance, and you will make a claim with your own insurance company whether or not you were at fault. No-fault coverage should provide benefits for your medical bills and lost wages whether you were at fault or not. New Jersey is a no fault insurance state.

Fault-Based

In a fault-based state, you will file an insurance claim with the company that covers the at-fault driver. That driver’s policy should provide benefits for an accident victim’s medical costs and other losses. New Jersey is not a fault based state, so this is likely not going to affect you unless you were in an accident out of state.

Personal Injury Protection (PIP) Insurance

This is an extension of car insurance that covers medical expenses. If you were injured in a car accident, regardless of fault, unless it’s indicated that your health insurance is primary, medical treatment should be paid through your auto insurance via personal injury protection (PIP) coverage.

Talk to an Experienced NJ Car Accident Attorney Today

If you were involved in a car accident where you are at fault, it is in your best interest to have a lawyer on your side. The NJ car accident lawyers at Gold, Albanese & Barletti, LLC are here to help. Contact us today for a free consultation.

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

If you have been involved in a car accident that was not your fault, you may think you do not need legal counsel. However, hiring a lawyer is a good idea if you are hoping to get compensation for injuries or repairs, and want to be sure that you can avoid liability for the crash.

Depending on how serious the accident was, you may need to bring your vehicle to the shop, visit a doctor for medical attention, or be forced to miss work. An experienced NJ motor vehicle accident attorney can help protect you and get you the compensation you deserve.

Speak to a Car Accident Lawyer Before Filing an Insurance Claim

If you’ve been involved in a car accident that wasn’t your fault, you will likely be filing a claim against the at-fault driver’s insurance company, your insurance company, or both. If you plan to speak with an attorney, it is best to meet with them and discuss your situation before filing such claims.

Property damage such as the damage to your vehicle, as well as bodily injuries will typically be covered by the at-fault parties insurance, but your own insurance may cover some expenses as well, specifically if you have a personal injury protection (PIP) plan.

Avoid speaking with the insurance companies without speaking to a lawyer first. Insurers will do whatever it takes to reduce the amount they have to pay, so leave it to your lawyer to deal with receiving compensation.

Damages You Are Eligible to Collect After a Car Accident

Depending on the severity of the accident, you could file for various damages. Some of the damages your lawyer can help you secure include:

  • Future expected medical costs: Medical bills we can reasonably anticipate you will incur in the future due to the accident.
  • Lost wages: Time you had to miss from work while recovering from your injury or receiving medical care.
  • Reduced earning capacity: If your injury impacted your ability to do your job and earn a living on a short-term or long-term basis.
  • Pain and suffering: You could potentially be eligible for thousands of dollars.
  • Punitive damages: If we can show that the other driver was behaving recklessly or maliciously.

Why is it Important to File a Report After a Car Accident That Wasn’t My Fault?

In general, it is in your best interest to have the police file an accident report at the scene of the accident, even if you haven’t suffered any obvious injuries. If injuries show up later, you have a better chance of receiving compensation with the police report to back up your claims.

You are required to report an accident to the police under the following criteria:

  • The accident involved an injury or death
  • A driver fled the scene after the crash
  • A driver was under the influence of alcohol or drugs
  • The crash damaged a vehicle so badly it required a tow truck to remove it from the scene
  • The accident involved a commercial motor vehicle, such as a truck

If you were in a minor accident that does not fall into any of these situations, you don’t legally need to call the police, but it is always in your best interest to have a third party at the scene. For this reason, we recommend that you report even minor accidents.

Talk to an Experienced NJ Car Accident Attorney Today

If you have any questions or concerns about getting the compensation you need to pay for your medical care, lost wages, or other losses stemming from a New Jersey traffic accident, the Law Offices of Gold, Albanese & Barletti, LLC is here to help. Contact us today for a free consultation.

Accident Compensation Comparison: Careless Driving Vs. Reckless Driving | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Accident Compensation Comparison: Careless Driving Vs. Reckless Driving

Motor vehicle accidents caused by reckless or careless driving can lead to serious injury or death. If you’ve been injured or have lost a loved one, you may be wondering how much compensation you’re entitled to, depending on the circumstances of your motor vehicle accident. Our experienced personal injury lawyers at The Law Offices of Gold, Albanese & Barletti, LLC, can help you understand how damages and settlement amounts are determined and help you recover compensation for your medical bills, lost income, pain and suffering and other damages.

Careless Driving Vs. Reckless Driving: What’s The Difference?

Under New Jersey Law, driving a vehicle in a manner that endangers or is likely to endanger a person or property is considered careless driving. Reckless driving may be charged when a motorist drives with willful or wanton disregard for the safety of persons or property. Both offenses can come with hefty fines and license suspension, but reckless driving is a more serious offense that may lead to jail time.

If you’ve been hit by a careless or reckless driver, you may be entitled to recover compensatory damages in both cases. Although there are certain formulas for calculating compensatory damages, each motor vehicle accident case is different, and settlement amounts will vary depending on the circumstances surrounding the accident and the extent of the plaintiff’s injuries and losses. In a claim that’s brought against a reckless driver, you are more likely to receive punitive damages, which can significantly increase the amount of a motor vehicle accident settlement.

What Are Punitive Damages?

While compensatory damages like medical bills, lost wages and pain and suffering are intended to “make a plaintiff whole,” punitive damages are awarded to punish a liable party who has acted in a particularly egregious manner. Punitive damages are also meant to deter the liable party and others from engaging in similar wrongful conduct in the future.

In New Jersey, punitive damages are limited to up to five times the amount of compensatory damages or $350,000, whichever is greater. To be awarded punitive damages, you must prove that your injuries and losses were caused by the defendant, that their conduct was malicious and that they acted in a wanton and willful disregard of your rights and safety.

Regardless of the circumstances, if you’ve been injured in a motor vehicle accident, it’s essential to seek the advice of experienced personal injury attorneys who can help you put a value on your claim, protect your rights and look out for your best interests.

Contact Us

Our attorneys at The Law Offices of Gold, Albanese & Barletti, LLC, have extensive experience handling claims involving all types of motor vehicle accidents. The combined knowledge of our personal injury lawyers and traffic violations attorneys allows us to develop creative, collaborative strategies that help clients recover maximum compensation for their damages. Contact us online, or call 732-936-9901 to schedule a free consultation.

Victims Of Hit and Run Accidents In New Jersey: What You Should Do | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Victims Of Hit and Run Accidents In New Jersey: What You Should Do

Being hurt in a motor vehicle accident is often a traumatic experience, especially when you are the victim of hit and run driver. The stress that comes with worrying about how you will pay for your medical bills and time off work can have a negative impact on your health and your family. At Gold, Albanese & Barletti, LLC, our experienced auto accident attorneys have handled hundreds of cases involving New Jersey hit and run accidents and can help you sort out how to recover maximum compensation for your medical expenses, lost income, pain and suffering and other damages.

Uninsured Motorist and Personal Injury Protection Insurance

New Jersey law requires vehicle owners to carry uninsured/underinsured motorist coverage that pays at least $15,000 for injuries suffered by a person injured in a car accident and $30,000 for injuries suffered by others who were injured in the accident. Personal injury protection (PIP) covers medical expenses if you or others covered under your policy are hurt in a motor vehicle accident, regardless of who was at fault.

UI/UIM coverage is designed to protect those who are injured in accidents with uninsured, underinsured and “unknown” (hit and run) motorists. If you have UM coverage on your auto insurance policy, you are entitled to make a claim against your own insurance company for expenses related to a hit and run accident.

When You Are Uninsured

If you are injured but you do not own a car or have any auto insurance coverage, The New Jersey Property-Liability Insurance Guaranty Association Unsatisfied Claim and Judgment Fund may pay the damages of victims injured in a hit and run accidents. Claims for hit and run accidents must be made within 180 days, so seeking the counsel of a knowledgeable New Jersey auto accident attorney is vital to ensure you receive compensation to pay your medical bills and other accident-related expenses.

Contact An Auto Accident Attorney If You Are The Victim Of A Hit and Run

If you are involved in a hit and run accident, call the police, seek medical attention and contact a knowledgeable attorney as soon as you can. At Gold, Albanese & Barletti, LLC, we understand the effects of a hit and run accident can be devastating and will work to uncover all possible evidence to hold the at-fault party responsible for your injuries. Our experienced and compassionate legal team is committed to helping victims of hit and run accidents in New Jersey get the justice and compensation they deserve. Contact us online or call 732-936-9901 to schedule a free initial consultation. Se habla español.

When You Are Injured As A Passenger In A Car Accident | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

When You Are Injured As A Passenger In A Car Accident

Being injured as a passenger in a car accident can be traumatic and confusing — you may not know which insurance company will pay your medical bills, and if you have suffered serious injury, you may be apprehensive about how you will pay for the care you may need in the future. It is essential to hire a car accident lawyer who will protect your rights and help you file a claim with the correct insurance company. At Gold, Albanese & Barletti, LLC, our skilled legal team has extensive experience in handling all types of car accident cases and can guide you every step of the way.

In New Jersey, passengers who are injured in motor vehicle accidents may be able to seek compensation for damages from the negligent party, but there are a number of factors that must taken into consideration when it comes to passenger injury claims, including who pays for medical coverage, who can be sued and what types of damages may be pursued in a lawsuit.

Filing Insurance Claims

First, check to see if your health insurance will pay for injuries sustained as a passenger in a car accident. Some policies exclude it altogether or offer lower coverage in such instances. Regardless of who was at fault for the accident, a passenger’s own Personal Injury Protection (PIP) insurance provides coverage for medical treatment, lost wages and death benefits. PIP insurance does have limits, and any medical treatment or lost income that reaches beyond your policy limit will not be covered. An experienced car accident lawyer will review all available insurance coverage and determine whether the passenger can utilize his or her medical insurance along with PIP insurance coverage as well.

Personal Injury Claims

If you do not own a car or your accident-related expenses are not covered by your PIP insurance, it may be in your best interest to file a personal injury claim against the at-fault driver. A skilled car accident lawyer will review the facts of the case and all available insurance policies and advise you on the most effective course of action to take. If a reasonable settlement cannot be reached, your attorney may end up pursing a personal injury lawsuit in court.

Whether you have been injured or have lost a loved one as a passenger in an accident, our experienced car accident lawyer at Gold, Albanese & Barletti, LLC, can help you make sense of the claims process and work to ensure you get the compensation you deserve. Contact us online or call 732-936-9901 for a free initial consultation. Se habla español.

Steps to Take After a Drunk Driving Accident | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Steps to Take After a Drunk Driving Accident

Sustaining injuries in a motor vehicle accident can be a frightening experience and being involved in a drunk driving accident can make the situation even more traumatic. The skilled personal injury attorneys at Gold, Albanese & Barletti, LLC have handled many different types of cases involving drunk drivers, and recommend that you take the following steps to protect yourself after an accident.

Remain Calm and Call 911

After any accident, it is vital to stay cool and calmly assess the situation. Your first priority should be your health and safety and the safety of your passengers. Even if it appears that no one has been injured, call 911. Injuries sustained in a car accident often do not manifest themselves until days or weeks later, and documenting the incident with a police report will make it easier to substantiate insurance claims. Unless they pose a hazard to you or other motorists, do not move any of the vehicles before police arrive.

Take Photos and/or Video & Get Contact Information

Photographs and video can provide evidence of injury, the force of the collision, and damage to vehicles. Video may demonstrate a driver’s state of intoxication as well. Visual evidence can help an accident reconstruction expert determine how or why the collision took place based on weather conditions, signs, traffic control devices, the layout of the intersection or roadway and other factors.

It also is important to ask witnesses and everyone involved in the accident for contact information. If possible, obtain insurance information from the other driver as well.

Contact an Attorney

After a drunk driving accident, it is essential to contact an experienced motor vehicle accident attorney who can help to hold at-fault party responsible for his or her actions. Insurance companies often try to deny or reduce claims, and attorneys who are well-versed in dealing with their tactics know how to negotiate and will work to ensure that you receive just compensation for your medical bills, lost wages, pain, and suffering and other damages.

Attend All Hearings and Trials

Providing testimony and evidence at hearings, trials or other proceedings where the drunk driver faces prosecution can not only support your personal injury claim but may keep a drunk driver from getting behind the wheel and hurting someone else. Whether he or she is facing minor DUI charges or more serious charges such as negligent homicide, your active participation in the proceedings could save a life.

If you have been injured or have lost a loved one in a drunk driving accident, contact Gold, Albanese & Barletti, LLC, at 732-936-9901 to schedule a free consultation today.

Avoiding Drowsy Driving Accidents | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Avoiding Drowsy Driving Accidents

Drowsy driving is one of the leading causes of motor vehicle accidents in the United States. Getting behind the wheel while you are fatigued is a form of driver inattention and puts you, your passengers and others on the road at risk of serious injury or death. Drowsy driving can have the following effects:

  • Slow down your thought processes and judgment
  • Decrease reaction times
  • Affect your ability to focus
  • Impair your vision and hearing
  • Cause you to nod off while driving, which can have grave consequences

Causes of Drowsy Driving

Lack of adequate, quality sleep and driving at times of the day when you would normally be sleeping are two major causes of drowsy driving accidents. Truck drivers, off-hour shift workers and individuals who suffer from sleep disorders such as sleep apnea and narcolepsy are at an increased risk for fatigued driving accidents.

How to Prevent Drowsy Driving

The following tips can help you avoid driving while fatigued:

Make sure to get enough sleep, especially if you are traveling long distances. Drinking a cup of coffee may help you stay alert for a while, but it is no substitute for a good night’s rest. If you have been awake for more than 24 hours, driving is not safe for you or anyone else on the road.

Avoid alcohol before driving long distances. Even a small amount of alcohol can make you sleepy enough to fall asleep behind the wheel.

When driving long distances, take a break every 100 miles or every two hours. Stop and get out of your vehicle to walk around, get some fresh air and get your blood flowing.

If you are having difficulty focusing, pull over and find a safe place to rest. A 20-minute nap can be energizing and help you make it home safely.

Switch drivers as needed, and do not drive more than 8-10 hours per day.

Give yourself plenty of time to reach your destination so you don’t feel the need to push yourself if you are tired.

Do not drive while taking medicines that cause drowsiness. Always heed warning labels on both prescription and over-the-counter medications.

If You Have Been Hurt in an Accident Caused by A Drowsy Driver, We Can Help

If you have been injured or have lost a loved one in an accident due to someone else’s negligence, our motor vehicle accident attorneys in New Jersey can help you the compensation you deserve. Contact Gold, Albanese & Barletti, LLC, at 973-326-9099 to learn more or to schedule a free consultation.

Most Dangerous Roads Around the Globe | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Most Dangerous Roads Around the Globe

Most commuters grumble about the traffic and road conditions during rush hour. However, the road conditions in the United States are pretty tame when compared to some of the dangerous roads worldwide. The next time you’re complaining about traffic in New Jersey, think about the people who travel these roads:

Vitim River Bridge, Siberia

With its decaying wood encased in slippery ice, this Siberian bridge looks as frightening as it sounds. The rickety structure receives little traffic because residents opt for the nearby modern alternative. However, the one-car-wide bridge is still a legal road in the country!

Skippers Canyon Road, New Zealand

The rugged terrain of New Zealand makes many of the roads challenging to navigate. However, even natives of the island nation must obtain a permit to drive the treacherous hand-carved path. For 140-plus years this has been one of the most scenic and dangerous roads in New Zealand.

Guoliang Tunnel Road, China

Constructed by villagers in the Taihang Mountains, this chiseled tunnel road is a popular tourist attraction thanks to the spectacular views from multiple “windows.”

Commonwealth Avenue, Philippines

Unlike the previous roads, this entry is located in urban Quezon City, home to almost 3 million people. The “Killer Highway” is a 7.5-mile stretch of 18 lanes of traffic where thousands of victims die or are seriously injured every year. Accidents involving pedestrians, motorbikes and flooding are common.

Karakoram Highway, Pakistan

Completed in 1986, Karakoram Highway connects Pakistan and China at an incredible 15,000-plus feet above sea level! The 800-mile route was once part of the Silk Road. Also known as the “Friendship Highway” or “KKH,” the road is paved only on the Chinese side and the entire system is prone to horrendous natural conditions, including landslides.

North Yungas Road, Bolivia

Hundreds of travelers die annually along the “Road of Death” in Bolivia. The narrow passageway has no railings to protect vehicles from the long drop to the valley below.

Rodovia de Morte (BR-116), Brazil

This government highway BR-116 extends loosely along the coastline of Brazil and has been nicknamed the “Highway of Death,” in part due to the steep cliffs and the conditions when torrential storms strike the region. Poverty-stricken gangs create additional hazards along the 2,700-mile highway.

The road conditions in New Jersey might not be as extreme as on the world’s most dangerous roads, but accidents still happen. If you or a loved one have been involved in a car accident, including a drunken driving crash, Gold, Albanese & Barletti, LLC can help you.

What You Need to Know about New Jersey Car and Commercial Truck Accident Claims | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What You Need to Know about New Jersey Car and Commercial Truck Accident Claims

Being involved in an auto accident is traumatic, no matter what the circumstances. However, crashes involving trucks are different than those with other cars. An attorney who is well-versed in the disparities between them can ensure that your rights and needs are addressed during the settlement process.

In order to distinguish between the two types of auto accidents, it is necessary to look at definition of commercial vehicles as opposed to regular cars. Code 11 of the New Jersey Motor Vehicle Code identification of commercial trucks and tractors “includes every type of motorized vehicle used for commercial purposes, such as transportation of goods, wares and merchandise.” Trucks falling within this range include semis, moving vans and a host of other distinct equipment.

Because of the size and weight of these machines, the truck drivers have different guidelines when it comes to operation. Not only do they require more space for maneuvers, including stops, the general physics involved in an auto accident with a commercial truck are significantly different than a wreck involving two cars. Truck collisions often involve problems directly related to the vehicle itself, unlike cars where distracted driving and negligence are likely contributors.

Of course, truck drivers are subject to the same poor choices behind the wheel that face all drivers, including following too closely, driving while tired and other reckless mistakes. In addition to their own behavior, truckers are also dependent on others for their vehicle to operate properly. The owner of the vehicle, trailer, mechanical team and others might be liable instead of, or as well as, the truck driver.

When you have been in a crash with another car, the situation is relatively easy to assess. Drivers exchange information, the cops make note of relevant facts and determine driver errors. However, you will need more investigation in order to have your truck accident claim processed properly. This is why hiring an attorney quickly is so vital to your case.

Commercial truckers need specific licensing to drive big rigs as well as special licensing for various materials they might transport. If the driver didn’t have the appropriate licensure at the time of the auto accident, they will be liable. Your attorney will also check the truck records to ensure the driver had not exceeded their legal limit for hours on the road, whether the freight was properly secured and related documentation. This will help in determining exactly who is responsible for your medical and vehicle replacement expenses.

Don’t hesitate any longer. You deserve professional assistance with your auto accident claim. Contact our offices today and arrange for a consultation appointment. We will help you sort everything out and take care of your legal needs.

Safe braking tips for anti-lock brakes | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Safe braking tips for anti-lock brakes

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Car Accidents on Friday, April 8, 2016.

Most New Jersey automobiles are equipped with antilock braking systems, and for good reason. ABS helps vehicles stop faster and safer while reducing the risk of skidding and helping drivers keep their steering control during emergency situations. Interestingly, antilock brakes have been around since 1936, but it is only during the last couple of decades that they have become prevalent on the roadways in the United States. Still, a lot of drivers do not know how to safely use their ABS-equipped cars.

Before ABS was popular, drivers were taught to pump their brakes during fast, emergency braking. However, with cars that have ABS, this technique will actually cause cars to brake less efficiently. With ABS equipped vehicles, drivers are encouraged to press the brake pedal firmly, steer their cars normally, and only let their foot off the brake pedal after the vehicle has come to a complete stop. Pumping the brakes is not advised even if pulsating sensations are felt through brake pedal. These pulsing sensations are normal and it means that the ABS is working as it is supposed to.

It is important that drivers recognize when their ABS has engaged and to not be startled by it. For this reason, drivers should practice stopping their cars quickly so that they can recognize what the ABS feels like. This way, they will remember to maintain continual brake pressure during an emergency situation.

It is not unheard of for an ABS to fail and result in a serious car accident. If injuries or death result from this kind of car accident, injured parties and/or deceased victims’ families may wish to investigate whether the ABS failed due to manufacturer defects. In such cases, a defective product claim against the manufacturer might be warranted.

Source: J.D. Power, “ABS Driving Techniques,” Jeff Youngs, accessed April 08, 2016

2 New Jersey teenagers killed in traffic accident | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

2 New Jersey teenagers killed in traffic accident

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Car Accidents on Thursday, March 10, 2016.

Two teenage pedestrians were killed in a tragic accident in Hudson County last Saturday. The accident happened in North Bergen, and authorities have since arrested the driver who struck teens. In addition to the deaths, another person suffered critical injuries in the crash.

The fatally injured victims were both male and best friends from Cliffside Park and Union City. They were aged 16 and 17. One was an avid dancer and the other was an avid skateboarder. According to a family member the boys had been friends for ages and they acted like brothers. They always spent time together.

The accident happened after a vehicle drove up onto a curb, crashed through a metal fence and hit the teens along a busy roadway. Both of the boys were pronounced dead at the accident site.

Grieving family members and friends met at the site of the collision the following day to show their love for the teens and honor their memories. By midday loved ones had lit approximately 200 candles at the accident site on the sidewalk. They also left stuffed animals and flowers for the boys.

Police are currently investigating the accident, and said that they would release more information pertaining to the incident at a later time. Once it is determined by authorities what exactly happened in the incident, family members may wish to seek financial compensation for wrongful death damages. Furthermore, the critically injured teen may want to pursue a personal injury claim to seek money to pay for his or her medical care required to treat the injuries.

Source: NorthJersey.com, “Arrest made after car jumps curb, killing 2 North Jersey teens,” Linda Moss and Mary Diduch, The Record, March 07, 2016

Committed New Jersey car accident lawyers | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Committed New Jersey car accident lawyers

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Car Accidents on Wednesday, February 17, 2016.

Some New Jersey car accident attorneys are merely doing their jobs and going through the motions, but this is not the kind of attorney we have on staff at Gold, Albanese & Barletti, LLC. In fact, our firm has created a workplace culture that fosters compassion, respect and dedication to the needs of our clients.

We know that educated clients are able to make better decisions in their cases, and calm clients who trust that they are in good hands will have a better experience during the litigation of their claims. It’s a win-win scenario for everyone involved. For this reason, we don’t go through the motions in the cases we take on — we build solid attorney-client relationships with the car accident victims we represent.

At Gold, Albanese & Barletti, LLC, we believe that being an advocate, an attorney and a representative is just as much about helping our clients navigate the psychological difficulties of dealing with a traumatic injury, and the sometimes invasive nature of legal proceedings, as it is about seeking the highest financial recovery possible. Indeed, the world we live in is about more than just money. It is about dignity, fairness, honor and respect for our fellow man.

At Gold, Albanese & Barletti, LLC, our clients experience a different level of legal representation — because we do things the way they’re supposed to be done. We protect our clients’ rights to financial recovery while fully educating them about their options, the potential ramifications of their decisions, and we are honest about their chances of success and what they should expect at every step of the personal injury process.

Our staff will be available to you, as your personal cheer leaders, legal advisors, hand-holders and confidants during your legal case; and, we are available to speak with you right now about the possibility of representing you in your motor vehicle accident case and begin the drafting of your claim for financial restitution.