Logo

Call for a Free Consultation : 856-667-4666 / 856-600-HURT

What Types of Evidence Are Commonly Used in Motor Vehicle Accident Lawsuits?

December 6, 2023 by

How Is Fault Typically Established in a Car Accident Claim?

What Types of Evidence Are Commonly Used in Motor Vehicle Accident Lawsuits?When you’ve been injured in a motor vehicle accident, you have a right to seek full and fair compensation for all your losses. To successfully recover damages, you must introduce evidence to convince the jury that the defendant’s carelessness or negligence caused your injury. What are the common types of evidence used to prove such an allegation?

The Different Types of Evidence in Auto Accident Cases

There are generally four important types of evidence commonly introduced in a motor vehicle accident lawsuit:

  • Evidence gathered at the scene and time of the accident, primarily related to the cause of the accident
  • Evidence gathered at the scene, but after the accident,
  • Evidence of physical injuries sustained, typically gathered in the days, weeks, months and even years following the accident
  • Evidence of any other losses, from property damage to loss of enjoyment of life or loss of companionship or consortium

The Types of Evidence Obtained at the Scene of the Accident

The evidence collected at the scene and in the immediate aftermath of the crash can include such basic things as name and contact information for all parties to the accident, as well as any eyewitnesses. You can also get pictures of your injuries, damage to vehicles, weather conditions or roadway defects.

Evidence can still be gathered after the accident is cleaned up, though. Experts may come in and measure skid marks as a part of accident reconstruction. Roadway defects, such as broken signs or negligent roadway design, can also be determined after the accident.

Evidence about Your Physical Injuries

Most evidence related to your physical injuries will come from medical professionals. You will likely introduce evidence from your doctors, but the defendant may also ask that you submit to a physical examination. Medical experts may be called upon to testify regarding the long-term prospects for care and recovery.

Evidence about Other Types of Losses

Property damage is typically established through pictures, repair bills or costs of replacement of lost items. Loss of enjoyment of life or loss of companionship/consortium may come through your own personal testimony or from the testimony of others.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With:

An Auto Owner’s Duties in Winter Weather in New Jersey

November 1, 2023 by

What Must a Vehicle Owner Do to Avoid Liability for Negligence?

An Auto Owner’s Duties in Winter Weather in New JerseyIt’s November and that means that, any day now, there could be snow on the ground in New Jersey…and on the windshields and hoods of cars. The roads will be more treacherous, with accumulations of snow and ice making it more difficult to stop and turn. What are the responsibilities of motor vehicle owners in New Jersey’s winter weather? When can a driver be liable for injuries caused in an accident?

The Standard of Care in New Jersey’s Winter Weather

It’s important to understand that, while the standard of care doesn’t actually change during the winter, the exercise of the standard of care does. At any time and in any weather, a driver must act as a reasonable person would “under the circumstances.” Because the circumstances change in New Jersey when it snows…roads become slippery, vision may be impaired by falling snow, or windshields by accumulate condensation or ice…a driver has to respond differently than during the rest of year. That typically means reducing speed, increasing distance between your vehicle and the one in front of you, and paying closer attention when turning or changing lanes.

There are no specific rules in New Jersey governing the conduct of drivers in snowy or icy winter weather. Instead, a jury will typically look at the evidence and make a determination whether the actions of a driver were reasonable.

Must a Driver Keep His or Her Car Free of Snow and Ice?

When determining whether a defendant caused an accident, a jury may consider the failure to remove snow or ice from a windshield or hood as evidence of negligence. However, the State of New Jersey has also enacted a written law requiring that all motorists take the time to remove snow and ice from the hood, roof and windows of a car, both before getting behind the wheel and while driving, if the accumulation interferes with the driver’s vision of the road. Violation of this law can result in fines of anywhere from $25 to $1,000.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With:

Things You Don’t Want to Do after a Car Accident

July 7, 2023 by

Don’t Minimize Your Injuries | Don’t Wait to Get Treatment or Contact Legal Counsel

Things-You-Dont-Want-to-Do-after-a-Car-Accident-imgWhen you’ve been hurt in any type of motor vehicle accident because of the carelessness or negligence of another person, you have a right to seek compensation for all your losses, from any unearned wages or income to your physical pain and suffering and any property damage. Your ability to fully collect the compensation due you can depend, to a significant degree, on how you respond to the accident. Here are some of the most important things not to do after any type of car, truck or motorcycle accident:

  • Don’t minimize or question the seriousness of your injuries—It’s a common reaction. You don’t want an accident to change your life, and you want to be perceived as tough and strong. That attitude can come back to haunt you. The best thing to do, in the immediate aftermath of a motor vehicle accident, is acknowledge that you’ve been involved in a serious accident, with the potential for serious injuries. Take a thorough inventory of your health. Where does it hurt? How are your injuries affecting your mobility? Are you able to move comfortably under your own power?

    When you try to shake off your injuries, it can provide evidence for defense attorneys or insurance companies to argue that your injuries were not that serious. Furthermore, ignoring the severity of your injuries can lead you to do things that make your injuries much worse. Your best course of action after any type of car accident—stay where you are (if you can do so safely) until emergency personnel arrive and defer to their knowledge and expertise. They will be able to assess the true nature and extent of your injuries.

  • Don’t wait to get medical treatment—Even if it was only a minor “fender-bender,” the longer you wait to seek medical care, the more you jeopardize your legal claims. First, you can provide ammunition for defense/insurance company lawyers to argue that your injuries were minimal or inconsequential. If a significant amount of time elapses between the accident and when you seek treatment, defense attorneys may also argue that your injuries were caused by some unrelated intervening accident or event.

  • Don’t wait to get legal counsel—The longer you wait to retain experienced representation, the greater the risk that you will say or do something that defense attorneys will use against you. The sooner you hire a lawyer, the sooner you’ll have an intermediary with insurance companies and an advocate in all legal matters.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With:

New Jersey Statute of Limitations for Car Accidents

June 23, 2021 by

How Long Do You Have to File a Personal Injury Lawsuit?

New Jersey Statute of Limitations for Car AccidentsAfter a motor vehicle accident, your first concern should always be your health. You need to make certain you get the medical attention you need, without unnecessary delays. Doing so will give you a better chance of a full physical recovery, and you’ll have less risk that any legal claims will be compromised.

As soon as you’re on the road to physical recovery, you want to retain an experienced attorney. Your lawyer will move quickly to preserve crucial evidence before memories fade or witnesses become unavailable.

In New Jersey, as in all states, a written law known as the “statute of limitations” sets a specific time limit within which certain types of lawsuits must be filed. The statute of limitations varies based on the type of claim—for example, it may be different for a personal injury case than for a breach of contract matter. It can also vary from state to state.

In New Jersey, the statute of limitations for motor vehicle accident claims falls under the broader time frame set for all personal injury claims: a lawsuit must be filed “within two years next after the cause of any such action shall have accrued.” As a general rule, that means a civil complaint must be filed within two years of the date of the accident. If the motor vehicle accident causes a wrongful death, the statute of limitations (still two years) on the wrongful death claim starts to run on the date of death.

In cases where an injury is not immediately apparent, the “discovery rule” applies to the filing of a claim. The discovery rule holds that the statute of limitations does not begin to run until the injured person actually discovers the injury or would have discovered the injury through the exercise of reasonable diligence.

Effect of Failing to File Before the Statute of Limitations Expires

If you file a complaint after the statute of limitations has run out, the defendant can make the court aware of that failure and ask that the lawsuit be dismissed.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Evening and weekend consultations are available upon request. We will come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With:

Accidents Involving Company Cars?

June 10, 2021 by

What Are Your Rights If You’re Injured by Someone Driving for Work Purposes?

Accidents Involving Company Cars?Say you’re injured in a car, truck, or motorcycle accident in New Jersey, and the accident was caused by the negligence of another person. What if that person was driving a company car or engaged in some work-related errand or task at the time of the accident? Does that change your rights? If so, how?

Employer Liability for Accidents That Occur During Working Hours

As a general rule, if a person is driving for work and causes an accident through carelessness or negligence, the employer can be held liable. If found to be liable, the employer may be required to pay damages for personal injury and property damage sustained in the crash.

The legal doctrine of “respondeat superior” holds that an employer is responsible for the negligent acts or omissions of an employee that cause injury. This doctrine applies to any type of employer and covers losses suffered by other drivers, their passengers, the at-fault driver’s passengers, and pedestrians.

The critical question, when looking at the potential liability of an employer, is the determination of whether the employee was “on the job” at the time of the accident. If the employee was visiting clients, accounts, or other work-related entities, the doctrine of respondeat superior applies, and an injured person may sue both the at-fault driver and the employer. However, if the employee was conducting personal business during work hours—getting lunch, stopping by the post office, or going to a doctor’s appointment, for example—the employer will not be responsible. If, on the other hand, the employee is mixing work-related and personal business—taking company letters to the post office and mailing a personal letter at the same time—the employer is likely to have some liability.

Often, after a motor vehicle accident, one of the most difficult challenges is recovering full and fair compensation for all your losses. If the at-fault party was engaged in work-related business at the time of the collision, you can seek compensation from the company, as well as the employee. That approach can improve your chances of getting damages for all your losses.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Evening and weekend consultations are available upon request. We will come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accidents Tagged With:

© 2019 karbasianlaw All Rights Reserved.
Concept, Design & Hosting by GetLegal's Practice Builder Team Sitemap | Terms of Use | Privacy Policy