Even though car crashes are not the only accidents that can lead to personal injury claims, when most people think of personal injury lawsuits, they often think about a person suing another person because of a car accident. Because they make up such a large portion of personal injury cases, we wanted to focus today’s post on motor vehicle accidents.
Unless you’re particularly knowledgeable in the law like our firm is, you may not know how an accident can lead to a lawsuit let alone why a person would want to take legal action afterwards. When you consider what happens in most crashes though, it’s easier to see why.
One of the biggest reasons for filing a civil lawsuit is that a person can suffer injuries in a crash. If you’ve ever been to the hospital for treatment of an injury you know that it can get expensive. In some cases, injuries can even force a person out of work, which creates even more of a financial burden. This can leave a victim easily wondering if the other driver should be held responsible for their injuries.
Distracted driving, reckless driving, and drunk driving can all spark litigation because the other driver is considered to be negligent. This means that the negligent driver can be held liable for the accident, which includes a responsibility to compensate the other party for damages and injuries.
It’s important to point out that New Jersey, like some other states, uses a comparative negligence system that allows insurance companies to look at an accident claim and assess each driver’s fault in the accident. If a victim is considered to be less at fault than the other driver, then they may collect damages from the at-fault driver’s insurance. This happens even if both parties are considered to be equally at fault in the crash.
Though some may see the comparative negligence system fairly straight forward, this does not necessarily mean that everyone will be happy with the results of an assessment. This can lead to disagreements and disputes that might necessitate the need for a lawyer who can use their experience with the law to help parties through the negotiation process.
If a resolution can’t be met through negotiations, then a lawyer can assist further by helping with a personal injury claim and any subsequent litigation that could follow.