Motor Vehicle Accidents

Injuries arising out of car accidents in Northern New Jersey can be catastrophic and life-altering. While there can be minor fender-benders involving cars for which no-fault insurance is available, there can also be very serious collisions involving trucks, motorcycles, or pedestrians. The resulting injuries may include traumatic brain injuries, spinal cord damage, broken bones, burns, and more. At Leopold Law, Bergen County motor vehicle accident lawyer Howard Leopold represents victims who have been injured due to the carelessness of another driver.

Most motor vehicle accident litigation arises from the negligence of one or more parties. If you are suing a driver (whether a truck driver, motorcyclist, or driver of a passenger car) for negligent conduct, you will need to show that the defendant owed you a duty of care, the defendant breached this duty, the breach was an actual and proximate cause of your injuries, and you suffered actual, compensable injuries because of the accident. You need to prove each of these elements by a preponderance of the evidence. In other words, it is not assumed that just because you had more serious injuries than the other driver that the other driver was at fault for the accident.

The duty to use reasonable care can be breached in many different ways. Usually, a jury will find that a driver who texts while driving, drives while fatigued, fails to obey traffic laws or signals, weaves through traffic, tailgates, or speeds, among other things, has breached the duty to use reasonable care.

Sometimes an accident is a result of a failure to yield when another driver has the right of way. However, the defendant's insurance adjuster may try to find ways in which you were also negligent, aiming to reduce the damages that it would need to pay to you in a settlement or after a trial. In order to establish your culpability, the insurance adjuster may call you and ask questions, hoping that you admit to having some fault or provide other information that would tend to show that you were partially to blame. It is crucial to retain a motor vehicle accident attorney in Bergen County before speaking to the other party's insurance adjuster.

New Jersey follows the rule of comparative negligence. This means that, as a plaintiff, your fault for a motor vehicle accident cannot be more than the fault of the person from whom you are seeking damages. If each person is 50% at fault, it is possible to recover damages, but if you are more at fault than the other person, you are barred from recovery. The jury determines the total damages and reduces the damages by your percentage of fault, if any is found.

Damages that a Bergen County motor vehicle accident attorney may be able to help you recover include economic and noneconomic compensatory damages. There are limitations when no-fault coverage has been obtained and applies. However, in general, if you have catastrophic injuries, or if you are in an accident not involving no-fault insurance, you can recover a wide range of damages by bringing a personal injury lawsuit. These damages may include loss of income, property damage, pain and suffering, loss of enjoyment of life, permanent disabilities, scars, and disfigurement. The amount of damages for noneconomic damages, such as loss of enjoyment of life, can vary dramatically based on your personal circumstances and how they resonate with a jury. For example, if you were somebody who was very active and played with your kids regularly, and you also participated in sports in your spare time, your quality of life may be significantly diminished by a catastrophic injury, such as spinal cord damage or the loss of a limb. Your spouse also may be able to recover loss of consortium damages if you were seriously injured in a motor vehicle accident, and your marriage was adversely affected as a result.

Our dedicated legal team at Leopold Law may be able to help you recover damages after a serious highway accident or another type of motor vehicle crash. We handle cases in Bergen, Passaic, Hudson, and Essex Counties and represent victims throughout Northern New Jersey. Call Leopold Law at (201) 345-5907 or contact us via our online form to set up a free consultation.