Flemington Car Accident Attorney

Aggressive & Compassionate Legal Counsel in Flemington, NJ

If you or someone you love has been injured in a car accident, you may be entitled to financial compensation for your medical bills, lost wages, pain and suffering, and more. However, obtaining a fair recovery is not always easy. Insurance companies are known for denying and undervaluing claims, and they will do everything in their power to pay you as little as possible.

At Levinson Axelrod, P.A., we understand the physical, emotional, and financial toll that car accidents can take on victims and their families. We also know how insurance companies operate, and we know how to fight back. Our Flemington car accident attorneys have been serving the injured residents of New Jersey since 1939, and we have recovered more than $1 billion in verdicts and settlements for our clients.

Put a century of experience on your side; call (908) 386-4678 or online for a free consultation.

What Causes Car Accidents?

Car accidents can be caused by a wide range of factors, from simple driver error to defective auto parts. When a car accident occurs, it is important to determine the cause so that the responsible party can be held accountable for the victim's damages.

Some of the leading causes of car accidents include:

• Distracted driving: This is one of the leading causes of car accidents in the United States. Distracted driving can involve anything that takes the driver's attention off the road, such as texting, talking on the phone, eating or drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system, or anything that causes the driver to take their eyes off the road.
• Drunk driving: Drunk driving is a serious problem in New Jersey and throughout the country. In fact, the Centers for Disease Control and Prevention (CDC) reports that over 10,000 people die in drunk driving accidents each year in the United States. When a driver gets behind the wheel after drinking, he or she is not only breaking the law, but also putting everyone else on the road in danger.
• Speeding: Speeding is another leading cause of car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), speeding is involved in nearly one-third of all traffic fatalities. When a driver exceeds the speed limit, he or she is not only endangering everyone else on the road, but also increasing the likelihood of a crash and making the crash more likely to be severe.
• Reckless driving: Reckless driving can involve any number of unsafe driving behaviors, from tailgating to changing lanes without signaling to running red lights. When a driver fails to exercise caution and care behind the wheel and, as a result, causes a car accident, he or she can be held legally liable for the victim's damages.
• Poor road conditions: When the roads are in poor condition, accidents are more likely to occur. For example, if a road is not properly maintained and has potholes, it can be difficult for drivers to maintain control of their vehicles. In addition, if a road is not properly designed or does not have the proper signage, drivers can become easily confused and cause an accident. If poor road conditions contributed to your car accident, you may be able to hold the government entity responsible for maintaining the road accountable for your injuries and damages.
• Defective auto parts: Sometimes, car accidents are not caused by driver error, but by defective auto parts. For example, if a car's brakes fail, it can cause the driver to lose control of the vehicle and crash. In this situation, the manufacturer of the defective brakes can be held liable for the victim's damages.

What to Do After a Car Accident

After a car accident, it is important to take the proper steps to protect your health, your safety, and your right to recover compensation.

Here are some things you should do after a car accident:

• Get to a safe place: If you are able to do so, move your vehicle out of the flow of traffic and to a safe location.
• Check for injuries: Check yourself and your passengers for injuries. If anyone is injured, call 911 and request an ambulance. Even if you do not think you are injured, it is always a good idea to be seen by a doctor as soon as possible after a car accident. Some injuries, such as whiplash, do not show symptoms right away. In addition, if you wait too long to be seen by a doctor after a car accident, the insurance company may try to argue that your injuries were not caused by the accident.
• Call the police: Even if the accident was minor, it is still a good idea to call the police and request that an officer come to the scene and fill out a report. The police report can be important evidence if you decide to file a claim.
• Exchange information: Get the name, contact information, and insurance information of the other driver(s) involved in the accident.
• Document the scene: Use your phone to take pictures of the accident scene, including the position of the vehicles, any damage to the vehicles, any skid marks on the road, and any other relevant factors.
• Do not apologize: After a car accident, you will probably be feeling shaken up and disoriented. However, it is important not to apologize or admit fault in any way. Even if you think you may have caused the accident, you may not have all the facts. There may have been other factors involved that you are not aware of. It is best to let the insurance company and your attorney investigate the accident and determine who was at fault.
• Report the accident to your insurance company: Most insurance policies require the policyholder to report any car accident right away. However, when you report the accident, it is a good idea to stick to the facts and not to give a detailed account of what happened. You should also avoid accepting a settlement offer from the insurance company right away. The insurance company may offer you a lowball settlement in the hopes that you will accept it and go away. However, this settlement may not be enough to cover all of your damages.
• Call an attorney: A car accident attorney can help you file a claim, negotiate with the insurance company on your behalf, and represent you in court, if necessary. An attorney can also make sure you meet all the important deadlines and help you gather the evidence you need to prove your case.

What Is the Average Car Accident Settlement?

One of the most common questions we hear from car accident victims is "How much is my case worth?" While we understand the desire to put a dollar amount on your case, the truth is that there is no "average" car accident settlement. The value of a car accident case will depend on a wide range of factors, including the severity of the victim's injuries, the cost of the victim's medical treatment, the impact the injuries have on the victim's day-to-day life, and more.

Some of the factors that can affect the value of a car accident claim include:

• The severity of the victim's injuries: The more severe the victim's injuries, the higher the value of his or her claim. For example, a victim who suffers a traumatic brain injury and is left permanently disabled will likely be able to recover more compensation than a victim who suffers a broken arm that heals without complications.
• The cost of the victim's medical treatment: The more expensive the victim's medical treatment, the higher the value of his or her claim. This can include not only the cost of initial treatment, but also the cost of future medical treatment and rehabilitation, as well as the cost of any necessary medical equipment.
• The impact the injuries have on the victim's day-to-day life: If the victim's injuries prevent him or her from returning to work, or from returning to the same line of work, he or she may be entitled to compensation for lost wages and loss of earning capacity. In addition, if the injuries prevent the victim from enjoying the same activities he or she enjoyed prior to the accident, he or she may be entitled to compensation for loss of enjoyment of life.
• Whether the victim is partially at fault for the accident: New Jersey is a "modified comparative negligence" state. This means that if you are found to be partially at fault for the accident, your damages will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover any compensation at all. This can make it more difficult to recover full and fair compensation for your injuries, which is why you need an experienced car accident lawyer on your side.

In New Jersey, you have two years from the date of a car accident to file a personal injury lawsuit. If you fail to file your lawsuit within this two-year time limit, the court will almost certainly dismiss your case, and you will be unable to recover any compensation for your injuries and damages.

However, there are some exceptions to the two-year rule. For example, if the car accident resulted in the death of a loved one, you have two years from the date of death to file a wrongful death lawsuit. In addition, if the victim of a car accident is a minor, the statute of limitations does not begin to run until the victim turns 18.

What is Comparative Negligence in New Jersey?

Many car accidents are caused by driver negligence. In New Jersey, if you were partially at fault for a car accident, you may still be able to recover compensation for your injuries and damages. However, your recovery will be reduced by your percentage of fault.

New Jersey is a "modified comparative negligence" state. This means that if you are found to be more than 50% at fault for the accident, you will be unable to recover any compensation. However, if you are found to be 50% or less at fault, you can recover compensation, but your recovery will be reduced by your percentage of fault.

For example, if you were speeding at the time of the accident and the court determines that you were 20% at fault for the accident, your recovery will be reduced by 20%. If your total damages were $100,000, you will only be able to recover $80,000.

The insurance company will likely try to argue that you were at least partially at fault for the accident in order to avoid paying full and fair compensation. That is why it is so important to have an experienced car accident attorney on your side who can help you fight back.

How Can a Car Accident Lawyer Help Me?

If you have been injured in a car accident, you may be unsure whether you need to hire a car accident lawyer. However, the truth is that if you have suffered serious injuries and have significant damages, it is in your best interest to work with a car accident attorney.

Here are some of the ways that a car accident lawyer can help you:

• Investigate the accident: In order to recover compensation for your injuries and damages, you will need to prove that the other driver was at fault. This can require a thorough investigation of the accident, including gathering evidence such as the police report, any available surveillance footage, and eyewitness statements.
• Determine the value of your claim: In order to recover full and fair compensation, you will need to know the value of your claim. An experienced car accident attorney can help you calculate your past and future medical expenses, your past and future lost wages, the cost of any necessary medical equipment or home modifications, and more.
• Handle all communication and negotiation with the insurance company: After a car accident, the insurance company will likely reach out to you and ask you to provide a statement and medical records. It is important to remember that the insurance company is not your friend. Anything you say or do can be used against you to deny or undervalue your claim. An experienced car accident attorney can handle all communication and negotiation with the insurance company on your behalf to help ensure that your rights are protected.
• File a lawsuit on your behalf, if necessary: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit on your behalf and represent you in court.

Call (908) 386-4678 or online to get started with a free, no-obligation consultation.