Motor Vehicle Accident

Tort law is a fundamental element of our legal system. This enables a victim of negligence or a harmful intentional act to obtain compensation from the party who caused the injury. The type of damages the victim is entitled to depends on the specific circumstances of the case, but in general terms, damages fall into two categories: financial losses and non-economic losses such as pain and suffering.

After a motor vehicle accident, it is important to work with a personal injury lawyer who understands the various types of compensation that are available and who can calculate the full value of each type of compensation you are eligible to receive.

Maximizing Your Compensation

At Gold, Albanese, Barletti & Locascio L.L.C., our attorneys have years of experience representing motor vehicle accident victims in New Jersey. We know how to determine your financial needs after an injury and to place a value on your non-economic losses. We will seek maximum damages for you.

Each accident case is unique. When we represent you, we will thoroughly examine the physical, financial and emotional effects the event has had on your life. Our goal will be to obtain full compensation for all of your losses. Depending on the circumstances of your case, this could include:

• Chiropractic care or physical therapy
• Cost of medications or pain treatment
• Loss of enjoyment of life
• Lost income you would have earned had you not been injured
• Medical costs related to the accident, including future medical expenses
• Pain and suffering
• Psychological counseling
• Travel expenses to and from your doctor

On top of the compensation for injury, you can also receive compensation for damage done to your property. If your car was damaged due to negligence from another driver, you can make a separate claim from your personal injury claim. If the other driver has insurance, their property damage liability may cover these damages. If you retain a personal injury lawyer, consider asking them about property damage compensation as well.

No-Fault States And PIP Insurance

If you or a loved one has been injured, it is vital to seek the counsel of an experienced New Jersey auto accident attorney who can help you understand the complexities of automobile insurance and claims procedures.

New Jersey is a no-fault state, which means a driver who is involved in an auto accident can collect compensation for medical expenses, lost wages and other costs associated with the accident–regardless of who was at fault. If a motor vehicle accident results in damages that exceed what your Personal Injury Protection (PIP) policy covers, you can file a lawsuit against the at-fault party to recover additional compensation.

How Much Compensation Can You Get From a Car Accident Case?

In a car accident case, there are a number of factors that a judge will take into account when deciding how much compensation you will get if you were injured as the result of a car accident. Some of the things they consider include:

• Type of injury
• Treatment plan
• Length of therapy
• Loss of income
• Severity of the wreck

In general, you can expect to receive three times the cost of your medical bills during a settlement, but the specifics of your case may cause that amount to fluctuate in either direction.

If you’re working with an insurance company after a car wreck, let them know if you’re still going through medical treatment so that you don’t settle for less than you deserve. Also, be sure to speak with an experienced car accident lawyer who has experience getting clients the proper compensation for their pain and suffering. It’s also important to move quickly if you’ve been in an automobile accident, as you typically only have a year or two to file a lawsuit.

The actions you take in the hours and days after a motor vehicle accident can make a big difference in the compensation you receive. If you fail to act promptly to obtain legal representation, you may not receive the compensation you deserve.

Gold, Albanese, Barletti & Locascio L.L.C., with offices in Morristown, NJ and Red Bank, NJ is a team of experienced personal injury lawyers with a record of success representing injured people and the families of fatal accident victims. Our law firm has the investigative resources and advocacy skills needed to help you get the funds you need to pay for medical care, plus compensation for all other economic and non-economic losses. When we handle your case, we will work diligently to obtain the best possible settlement or jury award for you.

Take These Actions after a Car Accident

In a free consultation, an attorney at our firm can explain your legal options. He or she can also provide you with advice about protecting your rights and enhancing your prospects of getting compensation.

Some of the actions we recommend that accident victims take include the following:

• Get medical care as soon as possible and follow the instructions of your doctor.
• Get the names and phone numbers of witnesses to the accident.
• Contact Gold, Albanese, Barletti & Locascio L.L.C. for a free consultation.
• Take photos of your injuries (if visible).
• Take photos of the vehicles involved in the accident, as well as any other road features that affected the direction of the vehicles.
• Get a copy of the police record. If the record does not accurately describe what happened, make amendments to the record.
• Contact your insurance company to report the accident and get a claim number.
• Do not talk with representatives of other insurance companies.
• Make a before and after list. Write down all of the activities you were able to do before the accident, as well as the activities you can no longer do.

How Much Compensation Can You Get From a Car Accident Case?

In a car accident case, there are a number of factors that a judge will take into account when deciding how much compensation you will get if you were injured as the result of a car accident. Some of the things they consider include type of injury, treatment plan, length of therapy, loss of income and severity of the wreck. In general, you can expect to receive three times the cost of your medical bills during a settlement, but the specifics of your case may cause that amount to fluctuate in either direction.

If you’re working with an insurance company after a car wreck, let them know if you’re still going through medical treatment so that you don’t settle for less than you deserve. Also, be sure to speak with an experienced car accident lawyer who has experience getting clients the proper compensation for their pain and suffering. It’s also important to move quickly if you’ve been in an automobile accident, as you typically only have a year or two to file a lawsuit.

Contact a Car Accident Attorney Today

Gold, Albanese, Barletti & Locascio 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.

If your vehicle was struck by another vehicle and you suffered injuries, you are entitled to claim compensation for your financial losses and pain and suffering. But what if you weren’t wearing a seat belt? Can you still obtain compensation? Will your insurance company reject your claim? Will the other driver’s insurance company choose to fight rather than paying fair compensation?

In many, if not all such cases, motor vehicle accident victims retain the ability to claim compensation even when they weren’t wearing seat belts. That said, these types of cases could involve complex factual and legal issues. You should consult with a personal injury attorney to discuss your legal options.

Experienced New Jersey Car Accident Attorneys

At Gold, Albanese, Barletti & Locascio L.L.C., we have years of experience representing victims of car accidents, truck accidents and other acts of negligence. Our attorneys are highly knowledgeable in the law, proactive when preparing cases and determined to obtain the best possible result for every client. When representing you, we will seek full compensation for all losses, including medical costs, lost income, and pain and suffering.

A Team of Experts on Your Side

In cases involving accident victims who weren’t wearing seat belts, it is important to carefully examine the circumstances of the accident and the type of injury or injuries that the victim suffered. Usually, the standard defense in these cases is that the injuries would not have occurred if the victim had been wearing a seat belt.

Our lawyers counter these arguments with the testimony of nationally recognized experts in auto injuries. Depending on the circumstances of your accident, they may be able to testify that had you been wearing a seat belt:

• The injuries still would have occurred, or
• The injuries would not have been as severe as they were, though you still would have suffered injuries.

In either case, you would still be eligible for compensation. Our goal when representing you will be to obtain maximum compensation for you.

What is the “Seat Belt Defense” in New Jersey?

The seat belt defense theory is one that comes up frequently in vehicle accident cases and can throw a wrench into a case. It is a relatively simple concept. If an accident occurs and the person who was hit should have been wearing a seatbelt, but wasn’t, the party responsible for the accident can use that as a defense to reduce the amount of liability they have. This usually means that the injured party will get less from damages than they would if they had been wearing a seatbelt.

The seat belt defense is connected to tort laws, which are legal claims that arise when an injury occurred as the result of another person or entity’s negligence or malfeasance. The two tort theories that are associated with seat belt defense are:

• Comparative negligence – Under this theory, the liability of both parties is compared and any award the plaintiff would receive is reduced by whatever degree they were responsible for the injuries.
• Failure to mitigate damages – States may also reduce damages awards when the injured party fails to take reasonable actions to limit the extent of their injury. Failure to mitigate damages usually refers to the injured party’s actions after the accident, but some states interpret the driver’s failure to wear a seatbelt as a failure to mitigate damage that can occur before the incident.

Not all states permit the use of the seat belt defense, but New Jersey is one of the states that does.

Contact a Car Accident Attorney Today

Gold, Albanese, Barletti & Locascio 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. 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.

Inclement weather such as snow, slush, sleet, hail and ice on the road can present formidable challenges when you get behind the wheel in the winter. These conditions can make it difficult to see, cause vehicles to slide and hinder a driver’s ability to slow down and stop, increasing the chances of an accident.

How to Drive Safely In Winter Weather

Be prepared. Before cold weather strikes, it is essential to make sure your vehicle is in good working order. Top off all fluids, especially antifreeze/coolant and windshield washer fluid. It’s also a good idea to check tire pressure, lights, windshield wipers, and your spare tire and jack before hitting the road.

Put together a roadside emergency kit that includes blankets, a first aid kit, road flares, jumper cables, a flashlight with extra batteries, and a small tool kit. Keep a working cell phone and charger in your vehicle, but do not use it while driving.

A shovel, cat litter, and sand are useful during the cold winter months if you need to dig your car out of the snow or get traction if you encounter icy roads. Keep your gas tank at least half full so you can run your engine and stay warm if you get stranded. Always check to make sure that your exhaust pipe is not blocked with snow, which can lead to carbon monoxide poisoning when you run your vehicle. Open your window slightly to help prevent any buildup.

Pay attention to the weather. Sign up for alerts or check road and weather conditions on local news stations, weather sites and apps to see what’s happening outside before you leave. If going out isn’t absolutely necessary when the weather gets bad, stay home.

Use extreme caution on the road. Before you embark on any journey, clear all of the snow and ice off your car completely, including hood, roof, and trunk. Drive with your headlights on, and keep windows, mirrors, and lights clear to improve visibility.

Bear in mind that speed limits are meant for dry roads and ideal weather conditions. Pay close attention to your surroundings, reduce your speed and increase your following distance in inclement weather. Slow down and drive cautiously on bridges and overpasses, as they are the first areas to become icy.

Our Skilled Motor Vehicle Accident Attorneys In New Jersey Can Help

If you have been injured in an accident, our experienced motor vehicle accident lawyers in Red Bank, NJ can assess your case and help you get the compensation you deserve. Contact Gold, Albanese, Barletti & Locascio, LLC, at 973-326-9099 to learn more or to schedule a free consultation.

Driving on the road with tractor-trailers and other large vehicles can be nerve wracking. Due to their substantial weight and large size, trucks can cause serious injuries and fatalities when they are involved in accidents with smaller vehicles. There are a few things to keep in mind when driving near big trucks. Staying aware and knowing how to share the road can help you safely arrive at your destination.

Keep a safe distance. Avoid tailgating or cutting in front of large vehicles. Tractor-trailers, box trucks, buses and other large vehicles require significantly longer stopping times and distances than smaller vehicles.

Avoid driving in a truck’s blind spot. A blind spot is an area that is not visible by a driver when he or she looks in side or rearview mirrors. Most trucks have large blind spots on the sides and directly in front of and behind them. Spend minimal time in these areas when you are driving near or passing a truck.

When you are following a truck and can’t see its side mirrors, the driver most likely can’t see you. In addition, if a truck is behind you and you can’t see its mirrors reflected in your own, the driver is probably unable to see you. If a truck is trying to pass you, slow down slightly to make it easier for the truck to go around you.

Do not pass trucks that are turning. “This vehicle makes wide turns” is on the back of most large vehicles because they do make much wider turns than smaller vehicles. When making a wide right turn, a truck driver may not be able to see cars directly behind or beside them. Attempting to pass on the left or cutting to the right of a turning truck can cause an accident.

Obey road signs and traffic laws. You should always practice safe driving habits when you’re behind the wheel. Pay attention to posted speed limits, slow down in inclement weather, keep a safe distance and pass on the left. Avoid aggressive or distracted driving and running red lights. Driving carefully, consistently, and predictably makes it much easier to stay safe on the road.

If You Have Been Injured In An Accident With a Large Truck, Our New Jersey Motor Vehicle Accident Attorneys Can Help

If you have been involved in an accident with semi-truck or other large vehicle, our skilled New Jersey motor vehicle accident attorneys can help get you the compensation you deserve. For more information or to schedule a free consultation, contact Gold, Albanese, Barletti & Locascio, LLC at 732-936-9901.

Car accidents can be physically, emotionally and financially damaging. After an auto accident, insurance companies need to discern who is at fault, as this will determine who is awarded damages and how much compensation each party receives. Understanding how insurance companies determine liability can help you to avoid paying unnecessary damages.

Insurance companies are in the business of making money. Whether you are at fault for an accident or the other party is responsible, both insurance companies’ top concern is paying as little compensation as possible.

How Is Fault Determined?

In general, insurance companies determine fault based on the state’s legal definition of negligence.

Under New Jersey law, negligence is defined as “a party’s failure to act as a reasonable person would, or failure to exercise the “degree of care for the safety of others” which a “person of ordinary prudence” would exercise under “similar circumstances.”

How To Protect Yourself From Auto Accident Liability

File a police report. A police report plays a key role in helping insurance adjusters determine what happened. Law enforcement’s official version of what transpired is considered more reliable than the versions of those involved which often conflict with one another and reflect personal biases.

Do not admit fault at the scene. Be honest and state the facts about what happened, but avoid saying things like “I’m sorry,” or “this was my fault.” Even if you think you’re at fault, the cause of your accident may be something you’re unaware of, like a driver who suddenly swerved into another lane, causing a chain reaction that led to your accident. Let the authorities and insurance companies objectively determine who was liable for the accident.

Gather evidence. The evidence you gather at the scene of an accident can help insurers calculate the degree of fault. Take photos, detailed notes and gather information from other drivers and witnesses. This will help to support your case and give insurers the information they need to determine who was at fault.

Our Experienced Auto Accident Liability Attorneys In New Jersey Can Help

If you have been involved in a car accident and are unsure about the next steps you should take, the experienced auto accident liability attorneys at Gold, Albanese, Barletti & Locascio, LLC, can assess your case and advise you on the best course of action to take. Contact us at 732-936-9901 today.

Auto accidents can occur in many different situations. Regardless of the circumstances, if you are injured it is vital to seek medical attention and make sure that your rights are protected.

Rear-end collisions are the most common type of auto accident in the United States. They occur when a vehicle crashes into a vehicle in front of it. The injuries of the occupants of the vehicle that is rear-ended are usually more severe than those in the car behind. Harmful injuries such as whiplash and back injury can occur even if both cars were traveling at moderate speeds.

Side-impact collisions, sometimes called T-bone collisions, side-impact collisions occur when a vehicle is hit broadside by the front or rear of another vehicle. Occupants sitting on the side where the vehicle is struck often suffer grave injuries such as trauma to the head, neck and spine, broken bones and severe internal injuries. Of course, no two car crashes are alike, and many variables come into play: where the vehicle was struck, the vehicle’s weight, construction and safety features and the speed of the vehicles involved.

Sideswipe collisions happen when the sides of two parallel cars hit and “swipe” each other. If either driver loses control, vehicles may run off the road and hit objects or people in their paths, resulting in severe vehicle damage, injury or death.

Vehicle rollover accidents happen when a vehicle flips over onto its side or roof. Any vehicle can roll over, but vehicles such as SUVs are at a a greater risk of rollover due to a higher center of gravity. Vehicle rollovers can result in fatal injuries, especially if occupants are not wearing seat belts.

Head-on collisions occur when the front ends of two vehicles hit each other in opposite directions. Head-on collisions are often fatal.

Multi-vehicle collisions, or pile-ups, are one most deadly types of traffic accidents. They usually occur on highways or freeways, and may involve many vehicles. Tractor trailers are often involved in multi-vehicle collisions, increasing the likelihood of injury or death to those in vehicles that are impacted.

Our Experienced Auto Accident Compensation Attorneys In New Jersey Can Help

If you have been injured in an accident, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can assess your case and help you get the auto accident compensation you deserve. Contact us at 732-936-9901 today.