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Drunk Driving 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.

Recovering Compensation From A Drunk Driver: What To Anticipate From A DUI Defense Attorney | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Recovering Compensation From A Drunk Driver: What To Anticipate From A DUI Defense Attorney

Being injured in an auto accident is a jarring experience, and a crash with a drunk driver can make the situation even more difficult. At The Law Offices of Gold, Albanese & Barletti, LLC, our seasoned legal team includes both personal injury lawyers and defense attorneys. Our team’s collaborative approach helps us anticipate which defense strategies a DUI defense attorney may employ in a civil case.

DUI Defense Strategies

Navigating the legal complexities of recovering compensation in a DUI case can be challenging. Even if the other driver has been convicted of a DUI, you must still prove your civil case in order to recover compensation. Whether a DUI defense attorney is representing an individual or their insurance company, defense lawyers are quite adept at denying liability and minimizing damages that accident victims receive.

Some examples of defense strategies in DUI cases include:

A DUI defense attorney may try to assert that their client was not the cause of the accident. Inclement weather, road conditions or even placing blame for the accident on you or another driver are all strategies that a DUI defense lawyer may employ.

The defense may also claim that the establishment or person who over-served the defendant alcohol is to blame for your injuries.

A drunk driver may use the Fifth Amendment to refuse to answer questions in a civil case. However, unlike a criminal case where a jury cannot infer guilt from a defendant’s pleading the Fifth, there is no protection against inference of liability in a civil case.

If the defendant took the Fifth Amendment to avoid self-incrimination prior to a civil trial, it may prevent them from later testifying on the particular question they previously refused to answer.

Fighting For Compensation In A DUI Case

These are just a few of the creative strategies that DUI defense attorneys use. That’s why you need an experienced personal injury attorney who knows what to expect and is committed to protecting your rights. Insurance companies often try to deny or reduce claims in motor vehicle accident cases. Lawyers who are well-versed in dealing with DUI defense attorney tactics know how to aggressively negotiate fight for your rights to ensure you receive maximum compensation. They will take the time to investigate the cause of the accident, thoroughly review the defendant’s criminal DUI case, establish the full extent of your damages, and build a strong case on your behalf. In addition to compensation for medical bills, lost wages and property damage, a drunk driver may also be liable punitive damages their conduct is found to be negligent or egregious.

Contact Us

If you’ve been injured or have lost a loved one in a drunk driving accident, the knowledge and experience of our personal injury lawyers and DUI defense attorneys can lead to recovering maximum compensation you’re your damages. Contact the Law Offices Gold, Albanese & Barletti, LLC online or call 732-936-9901 to schedule a free consultation today.

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.

What is a Textalyzer? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What is a Textalyzer?

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Drunk Driving Accidents on Friday, April 22, 2016.

The Breathalyzer machine is the gold standard for determining whether a particular driver is too intoxicated by alcohol to operate his vehicle. However, what is the gold standard for determining if a driver was texting while behind the wheel? Shouldn’t officers have a way to detect texting while driving in the same way they detect drunk driving? An Israeli technology firm says that the answer to this question is, yes. The firm wants to create a new kind of technology that would allow police to do just that.

The problem of texting while driving is only getting worse. In fact, experts suggest that the average person who is texting while driving will remove his or her eyes from the road for as many as five seconds at a time. That means that they are driving completely blind, and this increases the chances of getting into a car accident exponentially. Some experts even suggest that texting while driving is much more dangerous than intoxicated driving. For these reasons and more, police are trying as best they can to crack down on texting while driving, but it is still difficult for them to determine whether a violation has occurred in this regard.

Fortunately, a technology firm in Israel claims to be working on a solution to the problem. The firm plans to develop a technology that will allow officers to detect whether texting while driving happened during an accident, while not violating a driver’s personal privacy. This technology would basically give police a yes or no answer as to whether texting happened, but it would not reveal any personal details relating to the driver who is suspected of committing the offense.

If this new technology is successfully developed, police will have a powerful new tool that they can use to enforce the law. Furthermore, plaintiffs injured by texting drivers will have a powerful tool that they can use as evidence to seek financial compensation against the at-fault drivers who hurt them.

Source: The Verge, “Roadside ‘textalyzer’ could help stop distracted driving in New York,” Rich McCormick, April 12, 2016

Suspected drunk driver arrested after fatal crash | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Suspected drunk driver arrested after fatal crash

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Drunk Driving Accidents on Thursday, March 31, 2016.

A man who was allegedly driving his vehicle while inebriated in Hunterdon County has been arrested by authorities after being involved in a fatal car accident. The 25-year-old man will be charged with two counts of second degree death by vehicle, three counts of fourth degree of assault by vehicle, DUI and reckless driving.

The accident happened last Friday at approximately 2:45 p.m. along Rout 523 in Readington Township, New Jersey. According to police, a family of five was returning home after participating in an Easter celebration, when the allegedly drunk man drove into their vehicle head-on. A 75-year-old woman and a 79-year-old man died in the accident. Another 43-year-old man and a 5-year-old child survived the incident, but they were transported to the hospital for minor injuries. In addition, a 10-year-old girl possibly broke her femur.

According to a Hunterdon County Prosecutor, the incident is a tragedy and has changed the lives of the family in less than a second. the prosecutor offered sincere condolences to the family.

As of last reports the arrested man was at Somerset County Jail and being held on bail of $250,000. At this time, it is unknown whether he has obtained an attorney to represent him in the lawsuit. If convicted of the crimes he has been charged with, he could spend years in prison.

The criminal court proceedings of the at-fault driver in this case could produce valuable evidence for the family members who survived this accident. The evidence could be used against the driver in civil court to hold him financially accountable for wrongful death damages, in addition to holding him accountable for damages relating to the injuries suffered by the other family members.

Source: 6abc.com, “Grandparents killed in suspected DUI crash in Hunterdon Couty,” March 27, 2016

Accidents caused by drunk and reckless driving | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Accidents caused by drunk and reckless driving

On behalf of Judy Albanese of Gold, Albanese & Barletti, LLC posted in Drunk Driving Accidents on Friday, March 25, 2016.

A lot of car accidents happen due to simple mistakes — mistakes that occur because we are human and not perfect. However, a lot of vehicle accidents also happen due to completely avoidable reasons, like reckless driving and intoxicated driving. Indeed, every New Jersey driver has the ability to drive safely and according to law, and every New Jersey driver has the ability to refrain from intoxicated driving. To break the law in this way is unconscionable and drivers can be held accountable in court for the injuries they cause by failing to follow the law in this regard.

When a driver is charged with reckless driving, the charge relates to the motorist’s intentional decision to engage in reckless conduct. To drive recklessly means that the driver has operated his or her vehicle in an unsafe fashion. Perhaps the driver disregards the likelihood that his or her behavior could cause an accident, or perhaps the driver blatantly disregards the traffic laws knowing how dangerous the decision to do so happens to be. Common examples of reckless driving include: failing to operate a vehicle in accordance with bad weather conditions, speeding, failing to use a signaling device during a lane change, failing to look behind you to ensure that you can change lanes safely, passing in an emergency lane and more.

Drunk driving relates to a driver’s decision to drive while intoxicated. It is illegal to drive while inebriated, and it is common knowledge how dangerous drunk driving is for one’s passengers and other people on the roadway. In addition to the liability of an intoxicated driver, party hosts and social and bar hosts can also be liable for allowing a drunk driver to continue drinking in a dangerous fashion prior to the crash.

New Jersey residents who have been injured by reckless or drunk drivers — or both — will have strong claims for financial restitution in court. Also, if the drunk or reckless driver has been convicted of these violations in criminal court, criminal court evidence can be used against the driver to help prove liability during the litigation of the personal injury claim in civil court.

Source: FindLaw, “Car Accident Basics,” accessed March 25, 2016