Car accidents happen for a variety of reasons, including vehicle issues, road conditions, weather conditions, and what is going on in the environment where the crash occurs. However, the most common cause of crashes is human error. At Davis & Brusca, LLC, each Trenton, New Jersey MVA lawyer has extensive experience successfully representing car accident victims and know that in the majority of cases we have handled, it was mistakes on the part of another driver that caused our clients’ injuries.
Even data collected by the National Highway Traffic Safety Administration (NHTSA) helps prove that point. In one study provided to each car accident lawyer in Trenton, NJ from our firm, the agency examined crash data from more than 5,000 vehicle accidents and found that driver error was the number one cause of crashes.
For the study, the NHTSA divided driver error into four different categories. These categories were decision errors, performance errors, nonperformance errors, and recognition errors. As a Trenton, NJ car accident lawyer can attest, almost half of the errors that were listed as the cause of the crashes – 40 percent – were categorized as recognition errors. Some of the behaviors that were considered recognition errors were not paying attention to their surroundings, being distracted by something outside the vehicle or inside the vehicle, and inadequate surveillance.
Decision errors were cited as the cause of 30 percent of the accidents that were analyzed. Behaviors included in this group were taking curves too quickly, driving too fast for weather or road conditions, and illegal traffic maneuvers. Ten percent of the errors were performance errors, including overcompensation while steering or other steering mistakes. Five percent of driver error crashes were in the nonperformance category and included behaviors such as falling asleep while behind the wheel.
Another interesting fact the study found was that although distracted driving is one of the most frequent reasons why car accident occurs, even more dangerous and common a reason for accidents is inadequate surveillance. Inadequate surveillance is responsible for twice as many crashes as distracted driving is. It is also the most common reason why motorcycle accidents occur. Some common inadequate surveillance issues cited in the study includes failing to know when it is safe to proceed (i.e. taking a turn) or failing to see another vehicle.
If you have suffered car accident injuries caused by another driver’s negligence, contact a car accident attorney Trenton, NJ victims trust from Davis Brusca, LLC to find out what legal options you may have. It is crucial to contact our office as soon as possible because of the New Jersey statute of limitation laws and how long victims have to file injury claims. If that deadline passes, you lose your legal right to pursue damages against the other driver.
Getting into a car accident is the last thing anyone plans for — and when a car accident is very severe, victims will have many different things to deal with. If you were injured in a car accident, you may find it tough to focus on recuperating when you have to organize paperwork and file legal claims. Here at Davis & Brusca, LLC, we believe that you deserve to heal without the stress of wondering whether you’ll get financial compensation for your accident.
When you’re faced with the aftermath of a crash, a Trenton, NJ car accident lawyer from our firm may be your best ally. We may help our clients seek financial compensation so they can get back to their everyday lives as soon as possible. A personal injury settlement can help you pay for your medical needs, damage done to your vehicle, loss of wages, and overall pain and suffering.
Fault in Car Accident Claims
Liability is one of the biggest factors determining how an accident claim is handled. In many states, accident victims need to show that they were not at fault for the accident if they want to file for compensation. Determining the cause of an accident may help a trusted Trenton, NJ car accident lawyer determine which party is legally liable for the accident.
Poor decision making, (such as speeding or making illegal maneuvers on the road), distractions, poor road conditions, fatigued driving, human error, and inclement weather conditions are all common causes of car accidents in Trenton, New Jersey. Other factors can also include equipment and auto part failures, such as tire blowouts, failure of brake lines, and failure of steering controls. Infrastructure hazards, such as construction site debris, damaged road signs, and poor road design might also play a role in an accident. Learn more about Texting and Driving.
Our car accident lawyer in Trenton, NJ knows that in many cases it is not hard to figure out who is at fault, but there are many cases where concrete evidence does not exist. Therefore it can be very difficult to prove that one party is legally responsible. This is when you need an experienced car accident lawyer who may help you evaluate your case and determine if it’s possible to hold another party accountable. A good car accident lawyer in Trenton, NJ may help you collect evidence, interview witnesses, and organize medical records and doctor evaluations.
The aftermath of an accident in which you sustain an injury can be a confusing time. Not only are you receiving treatment to recover from the accident, but you are also trying to navigate insurance claims and legal issues at the same time. Here are some important steps to take, as well as mistakes to avoid.
If it is feasible, speak with a car accident lawyer representing Trenton, NJ even before you talk to law enforcement or the other party’s insurance company. A Trenton, NJ car accident lawyer can advise you on what to say and, more importantly, what not to say in order to be in compliance with the law while avoiding hurting your case in the future.
If you say anything that could be interpreted as accepting fault for the accident, it could reduce the number of damages you can claim or prevent you from filing a claim altogether. In particular, avoid apologizing, stick to the facts, and don’t volunteer any unnecessary information.
Our Trenton, NJ car accident lawyers stress the importance of documenting everything involving the accident. Take pictures of the scene if it is safe to do so. Obtain statements and contact information from eyewitnesses. Retain records of the bills for any medical treatment you receive. The more evidence you can obtain, the more it can benefit you later during settlement negotiations and/or litigation
In other words, don’t believe insurance adjusters when they tell you that you do not need a car accident lawyer in Trenton, NJ. What they actually mean is that they do not want you to hire a car accident lawyer from Trenton, NJ because the company will likely end up having to pay out more money if you do. The less an adjuster can settle your case for, the more payment he or she is likely to receive, so he or she has a vested interest in convincing you not to hire a car accident lawyer Trenton, NJ.
Research your attorney to learn more about his or her experience and success record. Additionally, ask about the attorney’s compensation. Many personal injury lawyers charge no fee unless your case is successful.
An insurance adjuster may sound friendly and sympathetic on the phone, but make no mistake: he or she is not on your side. The insurance adjuster isn’t even on the side of the party the company insures. Rather, the adjuster’s loyalty lies with the insurance company, and his or her objective is to maximize profits for the insurer and its stockholders.
In many cases, the liable parties (or their insurance companies) are willing to negotiate a settlement and close the case. Few claimants need to appear in court, but it’s still important to have a car accident lawyer who isn’t afraid to fight in court if necessary. If the insurance company is not willing to provide the compensation you deserve, you shouldn’t have to settle for this injustice.
At Davis & Brusca, LLC, we care about the well-being of our clients and we know how beneficial it can be to hire an experienced car accident lawyer Trenton, NJ residents trust. To set up a free consultation with our team, call our office today.
Frequently Asked Car Accident Questions
Our Trenton, NJ car accident lawyers know that car accidents can be devastating, leaving victims to contend with a number of hardships. As a result, you will be left to pick up the pieces. It can be difficult to know where to turn or what to do next, especially if the injuries you suffered were significant. Trenton, NJ car accident lawyers at Davis Brusca, LLC knows that you will be facing a number of questions. Because of this, it’s important that you turn to our experienced car accident lawyers from Trenton, NJ in your time of need. We have provided you with the answers to some of your questions:
Is New Jersey a No Fault State?
While car accident cases can certainly vary based upon the state that you live, our car accident lawyers based in Trenton, NJ are well versed in state laws. It’s important to be aware that the state of New Jersey is a no fault state. This means that you will first need to obtain compensation from your own insurance company for the damages you are facing. However, it’s important to note if your insurance does not cover all of your expenses following the accident, and you were severely injured, you may have the ability to take legal action with a car accident lawyer representing Trenton, NJ.
What elements are needed in order to take legal action against the at fault driver?
In no fault states, the process of obtaining compensation for your damages may be much more straightforward. However, our Trenton, NJ car accident lawyers want you to be aware that you may still require our assistance. This is especially true when negotiating with insurance companies or pursuing a legal claim against the driver responsible.
Common elements needed to take action include:
What type of evidence should I gather in order to build a strong case?
In order to build a strong case, key evidence is essential. Trenton, NJ car accident lawyers can assist you by helping gather evidence that can support your case.
This can include:
How can a Trenton, NJ car accident lawyer assist me with my case?
Navigating insurance companies, physical injuries and legal processes can be complicated. Moving forward without the assistance of a car accident lawyer may only make things more complex and stressful. Working with a trusted car accident lawyer from Trenton, NJ can help you by protecting your rights and taking action.
Following a car accident, the days can be dark and overwhelming. It can be difficult to decipher the best way to move forward without the guidance of a car accident lawyer Trenton, NJ clients recommend. Davis & Brusca, LLC is experienced and dedicated to assisting you in reaching a favorable resolution within a timely manner. Contact our Trenton, New Jersey car accident lawyer for the help and support you need with your case.