Swedesboro Car Accident Lawyers
Swedesboro Car Accident Lawyers
Car accidents can result in significant financial strain and physical harm. New Jersey’s legal structure adds further steps to the process, including insurance requirements and comparative fault rules. Individuals involved in car accidents typically have questions about how liability is determined, what documents they need, or whether compensation is available after a hit-and-run.
The Swedesboro car accident lawyers at Kitrick, McWeeney & Wells, LLC understand how New Jersey law applies to traffic collisions, skillfully guiding clients who seek accountability from other drivers, businesses, or third parties. The circumstances surrounding every crash are different, and our legal team reviews the facts, insurance terms, and evidence to help clients take appropriate legal steps when pursuing compensation.
What Are the Most Common Reasons for Car Accidents?
While driver error is frequently a factor, environmental and mechanical issues also play a role:
- Distracted driving occurs when a person’s attention is diverted by a phone, GPS, food, or passengers.
- Speeding reduces a driver’s ability to react to road conditions or traffic changes, which increases the likelihood of a collision.
- Impaired driving, including alcohol or drug use, affects decision-making and reaction time.
- Aggressive driving includes tailgating, unsafe lane changes, or failing to yield, which may result in multi-vehicle incidents.
- Weather conditions, such as heavy rain or ice, create additional hazards and contribute to loss of vehicle control.
- Mechanical failure, such as brake or tire malfunctions, can also lead to accidents, particularly when routine maintenance is neglected.
How Does New Jersey’s No-Fault Insurance Law Affect My Car Accident Claim?
New Jersey follows a no-fault insurance system, which means that each driver’s own insurance pays for their medical expenses, regardless of who was responsible for the collision. This system is designed to reduce the number of lawsuits over minor injuries. Drivers must turn to their Personal Injury Protection (PIP) coverage first when seeking medical treatment compensation. However, there are limits to the no-fault framework. If an injured party meets certain criteria, such as experiencing permanent injuries or incurring medical bills that exceed their policy’s coverage, they may be allowed to pursue a claim against the at-fault driver.
The nature of the insurance policy—whether it is a “limited right to sue” or an “unlimited right to sue”—also impacts whether additional legal options are available. Our Swedesboro car accident lawyers can review your policy and injury severity to determine the path forward.
What Role Does Comparative Negligence Play in New Jersey Car Accident Claims?
New Jersey applies the comparative negligence rule when determining compensation in personal injury claims. This rule assigns a percentage of fault to each party involved in the accident. If an injured person is found partially responsible, that percentage may reduce their financial award. For example, if a driver is deemed 20% at fault and awarded $100,000 in damages, the actual amount recoverable would only be $80,000. However, if the individual is more than 50% responsible, they are barred from receiving compensation.
This legal standard requires a careful review of all available evidence to assess each party’s actions before and during the collision.
What Evidence Should I Gather After a Car Accident in New Jersey?
Our Swedesboro car accident lawyers carefully gather and present evidence after car crashes to support personal injury claims and insurance submissions:
- The official police report, which contains important observations, citations issued, and contact information for involved parties.
- Medical records related to treatment received immediately after the accident, and those from ongoing care.
- Photographs of the scene, including vehicle damage, skid marks, traffic signs, and road conditions, provide useful visual evidence.
- Contact information from witnesses who observed the crash can also be valuable.
- Insurance details, repair estimates, and any communication with the other driver.
Consistent documentation helps build a stronger case for liability and damages in later legal proceedings.
Can a Pre-Existing Injury Affect My Car Accident Claim in New Jersey?
A pre-existing injury does not prevent someone from seeking damages after a car accident, but it can influence the outcome. Insurance companies may attempt to argue that the injury was not caused or worsened by the recent crash. The legal principle at issue is whether the accident aggravated the prior condition, which can be grounds for compensation.
Transparency and thorough medical documentation are necessary to support a claim involving a prior condition. Claimants should be prepared to provide medical records that describe their condition before the accident, as well as documentation showing how the injury has changed or worsened since the event. Treating physicians may also provide opinions on causation and the extent to which the new trauma impacted the older injury.
Can I Receive Compensation for a Hit-and-Run Crash?
Hit-and-run accidents present additional complications, particularly when the identity of the at-fault driver is unknown. However, compensation may still be available through your own insurance policy. Uninsured Motorist (UM) coverage is typically included in auto insurance plans in New Jersey, and it may apply to these situations.
Filing a claim under a UM policy requires proof that a crash occurred, that injuries resulted, and that the other driver could not be identified or located. Police reports and witness statements are particularly useful in these claims. If the hit-and-run driver is later identified, further legal action may be taken, including filing a lawsuit or reporting the incident to authorities for potential criminal charges.
How Can Kitrick, McWeeney & Wells, LLC Help Me Pursue Compensation?
Our Swedesboro car accident lawyers meticulously evaluate each case based on the facts, applicable insurance policies, and the client’s specific injuries. We provide skilled representation throughout the claims process, from communicating with insurance adjusters to preparing cases for litigation if needed.
Understanding how comparative fault, no-fault coverage, and liability laws interact is central to pursuing compensation. Our lawyers review evidence, assess injury impact, and determine whether third parties such as vehicle manufacturers, municipal agencies, or commercial drivers may also bear responsibility. Our goal is to present a detailed case supported by documentation, expert analysis when appropriate, and relevant, persuasive legal arguments.
Swedesboro Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Explain Your Legal Options in Pursuing a Car Accident Claim
Individuals injured in motor vehicle crashes often face significant challenges afterwards that can benefit from trusted legal guidance. For a free consultation, contact our Swedesboro car accident lawyers at Kitrick, McWeeney & Wells, LLC. We are prepared to review your situation and explain the available legal options. To learn more, contact us online or call our Manasquan and Brick, New Jersey offices at 732-920-8383. We proudly serve clients across New Jersey.
Manasquan, NJ
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