Your Accident and Injury Questions, Answered

Call 911, get medical care, and make sure a police report is filed. Take photos of the vehicles, the scene and your injuries, exchange insurance information, and get witness contacts. Don’t admit fault or give a recorded statement to the other driver’s insurer, and call a lawyer before you accept any offer.

Follow the same steps: get medical care, document everything and report the crash. Then let a lawyer handle the other driver’s insurer. Being not at fault doesn’t guarantee a fair offer, and insurers often try to shift some blame onto you.

If you were injured, usually yes. A lawyer can deal with PIP and the insurance companies, value your claim properly and meet strict deadlines. Most car accident lawyers, including us, charge no attorney’s fee unless they recover compensation, so a consultation costs you nothing.

Your own Personal Injury Protection (PIP) coverage pays your medical bills first, no matter who caused the crash. You can still bring a claim against the at-fault driver for losses PIP doesn’t cover, such as pain and suffering, subject to your policy’s lawsuit option.

Most New Jersey drivers choose the “limitation on lawsuit” option to save on premiums. With it, you can sue for pain and suffering only if your injury qualifies, for example a permanent injury, a significant scar or disfigurement, a displaced fracture or loss of a body part.

Generally 2 years from the date of the crash. If a government vehicle or a public road defect was involved, you may have to file a notice of claim within just 90 days.

Common reasons include ongoing medical treatment, disputes over fault, insurers delaying to pressure you, multiple insurance companies, and the need to file a lawsuit. Settling before your treatment is complete can leave money on the table.

New Jersey generally doesn’t allow insurers to surcharge you for an accident you didn’t cause. Your rates can still change at renewal for other reasons, so check with your insurer.

No. New Jersey’s PIP no-fault coverage doesn’t apply to motorcycles. Medical bills are usually paid through health insurance, any medical payments coverage on your motorcycle policy, and your claim against the at-fault driver.

Often, yes. New Jersey requires helmets, and the other side may argue a helmet would have reduced your injuries, but that doesn’t automatically defeat your claim if the other driver caused the crash.

Generally yes. Because PIP doesn’t apply to motorcycles, the “limitation on lawsuit” threshold that restricts many car accident claims usually doesn’t limit a rider’s claim.

Riders are often blamed unfairly. Evidence such as video, witness statements, vehicle damage and accident reconstruction can show what really happened.

Possibly several parties: the truck driver, the trucking company, the cargo loader, a maintenance company, or a parts manufacturer. Each may carry its own insurance.

Truck cases involve federal safety rules, electronic logging and black box data, commercial insurance with higher limits, and companies that investigate quickly. They need faster action to preserve evidence.

Driver hours-of-service logs, electronic logging device and black box data, dashcam video, inspection and maintenance records, the driver’s qualification file, and drug and alcohol test results.

That doesn’t end your claim. Responsibility depends on the contracts, the company’s operating authority and how the driver was working. These relationships need to be investigated.

It depends on the driver’s app status. With the app off, the driver’s personal policy applies. With the app on and waiting for a request, New Jersey requires at least $50,000 per person and $100,000 per incident for bodily injury. During a trip, at least $1.5 million in liability coverage applies.

Rideshare drivers are usually treated as independent contractors, so claims typically go through the insurance the company must carry plus the drivers involved. A lawyer can identify every responsible party.

Yes. As a passenger you weren’t at fault, and you may have claims against the rideshare driver, another driver, or both. Screenshot your trip receipt as evidence.

You may have a claim against the at-fault driver and coverage through the rideshare company’s policy depending on your app status. Other work-related benefits may also apply.

Usually the PIP coverage on your own or a household member’s auto policy, even though you weren’t in a car. If you don’t have one, the PIP of the vehicle that hit you may apply.

Yes. Under New Jersey’s Safe Passing Law, drivers must change lanes to pass a cyclist or pedestrian when possible. If they can’t, they must leave at least 4 feet and slow to 25 mph.

Yes. New Jersey law requires drivers to stop, not just slow down, for pedestrians in marked crosswalks.

You may still have a claim. Your compensation may be reduced by your share of fault, but you can recover as long as you were not more than 50% responsible.

Report it to police right away. Uninsured motorist coverage on your own or a household auto policy may pay even if the driver is never found.

Get medical care, report the fall to the property owner or manager, and ask for a copy of the incident report. Photograph the hazard, your shoes and your injuries, and get witness names. Keep the clothing and shoes you wore.

You generally need to show the property owner knew, or should have known, about the dangerous condition and failed to fix it or warn you. Photos, video, incident reports, maintenance logs and witnesses are key evidence.

They can be, because owners often argue the hazard was obvious or that they didn’t know about it. Acting quickly to preserve video and evidence makes a big difference.

Commercial property owners in New Jersey are generally responsible for maintaining the sidewalks next to their property. Residential homeowners usually are not, unless they created the hazard.

Claims against a town, county or state agency follow special rules. A notice of claim is usually due within 90 days, and stricter standards apply to recovering for pain and suffering.

Many settle within several months to a year, depending on the injuries, the evidence and whether a lawsuit is needed.

If you were seriously hurt, missed work or the insurer is disputing your claim, a lawyer can protect your rights, value your claim and meet deadlines. A free consultation will tell you whether you have a case.

Most personal injury lawyers work on contingency. With us, the consultation is free and you pay no attorney’s fee unless we recover compensation for you. We explain the fee agreement, including case costs, before you sign anything.

It depends on your medical bills, lost income, how your injuries affect your life, whether they are permanent, the evidence of fault and the available insurance. Every case is different.

Compensation for physical injuries is generally not taxable under federal law, but some parts, such as interest or punitive damages, may be. Check with a tax professional about your situation.

Mediation itself isn’t binding. A mediator helps both sides negotiate. If you reach an agreement and sign a settlement, that agreement is binding.

Generally 2 years from the date of injury. Claims against public entities require notice within 90 days, and some cases, such as those involving minors, follow different rules.

Medical malpractice happens when a doctor, nurse, hospital or other provider fails to meet the accepted standard of care and that failure causes injury. Examples include misdiagnosis, delayed diagnosis, surgical errors, medication errors and birth injuries.

You generally need to show there was a provider-patient relationship, the provider breached the standard of care, and that breach caused your injury and damages. This usually requires review by a qualified medical professional.

Generally 2 years from the date of the malpractice, or from when you discovered, or reasonably should have discovered, the injury. Different rules apply to children and some birth injuries.

In New Jersey, you must file an Affidavit of Merit from an appropriate licensed professional stating there is a reasonable probability the care fell below accepted standards. Strict deadlines apply after the defendant responds to the lawsuit.

Start by speaking with a lawyer, who will gather your medical records and have them reviewed by a qualified professional. If the case is strong, the lawyer files the lawsuit and the required Affidavit of Merit.

It depends on the violation. Speeding 1 to 14 mph over the limit is 2 points, 15 to 29 mph over is 4 points, and 30 mph or more over is 5 points. Careless driving is 2 points, and reckless driving is 5 points.

With 6 or more points within 3 years, the MVC charges a surcharge. With 12 or more points, your license can be suspended.

Up to 3 points are removed for each year you go without a violation or suspension. Completing an approved defensive driving course can also remove up to 2 points, once every 5 years.

Often it’s worth asking. A lawyer may be able to negotiate a reduced charge, sometimes to a no-point offense, which can protect your license and insurance rates. Don’t plead guilty before you understand the consequences.

Penalties can include fines, surcharges, an ignition interlock device requirement, possible license forfeiture and mandatory classes. A DWI is serious, so talk to a lawyer before your court date.