For help determining liability, gathering evidence, proving fault, and negotiating car accident settlements, you should hire an attorney whom you can trust in the aftermath of a serious collision in Harrison.
Liability may fall on one or more parties, such as a negligent driver, a negligent driver’s employer, a vehicle manufacturer, or even a local government. No matter who is liable, the timeline of a car accident case is relatively similar. After documenting an accident, the next step is to seek medical treatment for injuries and then confirm that you have a case. We can help you navigate the rest of the process, from filing the lawsuit to resolving it, so you are not alone at any step.
Get a free case assessment from Agrapidis & Maroules, P.C. when you call our car accident lawyers at (201) 777-1111.
Who Can Be Liable for a Car Accident in Harrison?
Liability for car accidents is not always obvious, and victims often need help determining who is ultimately at fault for their injuries and damages.
A Negligent Driver
Most of the time, negligent drivers are liable for car accidents in Harrison. Drivers are negligent when they breach their duty to operate their vehicles safely and follow traffic rules. Common acts of negligence that make drivers liable for accidents include speeding, distracted driving, drowsy driving, drunk driving, following other vehicles too closely, and many more.
If the negligent driver is not also the vehicle owner, the vehicle owner may also be liable.
A Negligent Driver’s Employer
If you are injured in an accident by a commercial vehicle, the driver’s employer may be financially liable for your damages because of vicarious liability.
For example, suppose a truck driver hits you while transporting goods for their employer. Because they were working at the time of the accident and operating within the scope of their employment, the trucking company can be held liable for their conduct.
Vehicle Manufacturer
When poorly designed or defective car parts cause accidents, vehicle manufacturers may bear liability. Drivers expect their brakes, steering, airbags, and other vehicle components to work properly and might suffer serious injuries if they fail.
Local Government
Local governments are responsible for maintaining public roads. Under the New Jersey Tort Claims Act, you may file a lawsuit if hazardous road conditions caused your accident, such as a large pothole that has gone unfilled for too long.
New Jersey has strict rules plaintiffs must follow when pursuing compensation from local governments, such as submitting a notice of claim within 90 days of an accident.
What is the Timeline of a Car Accident Case?
The more familiar you are with the general timeline of car accident cases, the easier yours may be to navigate.
Collision Occurs
First, the accident happens, leaving you needing compensation. Do your best to document the accident scene by taking lots of photographs, calling local law enforcement, and speaking with any eyewitnesses who saw the accident unfold.
Always get a negligent driver’s name and insurance information at a crash site so you can more easily seek compensation from them in the future.
Victim Seeks Medical Treatment
Immediately after a collision, victims should seek medical treatment. Whether or not you sustain a serious injury could determine if you can file a lawsuit and pursue non-economic damages and other compensation on top of what personal injury protection insurance covers in a no-fault state like New Jersey.
Death, significant scarring and disfigurement, dismemberment, miscarriage, displaced fractures, and other permanent injuries meet New Jersey’s serious injury threshold, which we can use your medical records to overcome.
Case Review and Confirmation
Contact our car accident lawyers as soon as possible to review your case and confirm whether you can pursue additional compensation than what you get from PIP. Even if you think a car accident was relatively minor, your injuries might be more serious and expensive than you expect.
Tell us everything that you can remember about the accident and the other driver’s negligence, and we can confirm whether or not you can bring a lawsuit in a no-fault state like New Jersey.
Evidence Building
Once we begin working on your case, we can start gathering and building the evidence we plan to use to prove fault. Evidence can come from many sources, including eyewitnesses, law enforcement, and even victims themselves. Video and photographic evidence can be among the most impactful kinds, alongside eyewitness and expert witness testimony.
Filing the Lawsuit
When we are confident in your case and chances of compensation, we can officially file the claim petition that initiates your lawsuit in court. There is generally a 2-year statute of limitations for car accident lawsuits, and waiting too long could block you from getting additional damages beyond what PIP can provide.
Discovery Phase
After your lawsuit is filed, you move on to the discovery phase. This is when both sides exchange and seek evidence from one another, and when depositions happen. Depositions are sworn statements that become a part of the official record, so you must be truthful if you are deposed about an accident.
Negotiating a Settlement
We may then move directly into settlement negotiations. After what they learn in the discovery phase, the opposing side might realize how strong your case is and how likely they would be found liable if the case went to court. Settlement negotiations take time and are not always the quickest way to resolve compensation claims.
Going to Court
Although it does not happen often, car accident cases can go to trial. A trial might last a day or two, while settlement negotiations can take months. Going to court can be understandably intimidating, which makes having an experienced lawyer by your side essential to help you navigate the recovery process.
Call Us for Help After Your Car Accident in Harrison
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to get a free case analysis from our car accident lawyers.