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Driving Incidents

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.

Medical Conditions And Drowsy Driving | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Medical Conditions And Drowsy Driving

Falling asleep at the wheel can cause serious accidents that result in lifelong injuries, trauma and death. Drowsy driving is a major factor in many motor vehicle accidents in the United States. At Gold, Albanese & Barletti, LLC, our experienced car accident attorneys have handled hundreds of cases involving drowsy drivers and are well-versed in developing effective strategies to help injured clients recover just compensation for their medical bills, lost wages, pain and suffering and more.

Causes Of Drowsy Driving

Millions of people suffer from excessive daytime sleepiness, which is typically caused by sleep deprivation. Sleep deprivation is often connected to medical problems such as sleep disturbances, sleep apnea, chronic insomnia and other medical issues. According to the National Institutes of Health, individuals who suffer from sleep apnea are six times more likely to be involved in motor vehicle accidents.

Narcolepsy, restless leg syndrome, Parkinson’s disease, dementia, epilepsy, heart disease and other complex health problems can cause sleep disturbances and other issues that lead to drowsy driving. Taking drugs such as benzodiazepines, sleep medications, narcotics, antidepressants, and antihistamines also can also slow reaction time or cause someone to fall asleep at the wheel.

Medical History Indicators For Drowsy Driving Charges

Drowsy drivers are committing a negligent act, even if they do not intend to. They are risking their own lives and the lives of others and should be held accountable for their actions, but proving driver fatigue can be difficult. If you have been injured by a drowsy driver, it is vital to collect evidence that shows the accident was caused by his or her negligence. In cases where drivers do not admit to falling asleep at the wheel, there are other ways to show evidence of fatigue. Cell phone records, GPS tracking, traffic cameras and witness statements can be helpful, but one of the most effective ways to prove driver fatigue is by reviewing the negligent party’s medical history.

Skilled personal injury attorneys and their legal teams are well-equipped to handle cases involving drowsy drivers and will investigate all of the evidence surrounding an accident. They also possess the resources to enlist the services of experts who specialize in investigating, reviewing and identifying possible medical causes for drowsy driving that may support the facts of your case.

If you’ve been injured or have lost a loved one in an accident caused by a drowsy driver, our legal team at Gold, Albanese & Barletti, LLC, is committed to helping you get the compensation you deserve. Contact us online or call 732-936-9901 for a free initial consultation. Se habla español.

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.

New Jersey Law On Bicycle Accidents | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

New Jersey Law On Bicycle Accidents

While cycling can be a great way to get around, bicycle accidents can be a harrowing experience. If you have been struck by a vehicle, other cyclist or have been injured due to dangerous property conditions, it is vital that you obtain legal assistance immediately. Waiting will only add to your stress and can have a negative impact on your ability to make a claim, particularly if you wait too long.

Common Bicycle Accident Injuries

Even if you are wearing all of the appropriate safety gear, injuries in a bicycle accident can be significantly more severe than those involving two motor vehicles. Head and brain injuries are common, ranging from minor scrapes to irreparable brain damage. In addition to jaws and noses, your list of broken bones can include your limbs and vertebrae.

Serious injuries to the spinal cord can leave victims temporarily or permanently paralyzed and the range of potential internal injuries is quite daunting. Along with these demanding conditions, people in bike accidents can suffer from all kinds of skin lacerations.

What to Do After a Bicycle Accident

Immediately report the incident and seek medical attention, even if you feel fine right after the collision. It may take time to feel internal injuries, and you need to have the appropriate reports to prove that you were harmed during the accident. Recording the event with the authorities is the first step.

If you have a camera or recording device, take pictures and videos of the scene. You need to have a record of pertinent information, including damage to your bike, safety gear and anything else that seems relevant. For instance, if your bicycle accident involves dangerous property, your photos will substantiate your story in the event the owner makes the appropriate repairs.

How an Attorney Can Help

After a bicycle accident, you might just want to crawl into bed and forget the whole thing. However, this will not heal your injuries nor get your medical bills covered. An attorney can make sure that the responsible parties pay for your medical expenses and provide financial compensation when appropriate. You will no longer have to deal with insurance agents, bill collectors and other parties related to the incident.

Your New Jersey compensatory damages include future medical bills related to the accident as well as lost wages for the time you are unable to work. In addition to pain and suffering, the state also allows victims compensation for loss of enjoyment related to normal activities.

The liability claims related to bicycle accidents can quickly become complex, which is why you need to have professional representation. Contact our offices today for a free consultation regarding the justice and compensation you deserve.