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How Much You Can Expect to Recover in a Car Accident Claim

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What Losses Can You Be Compensated For?

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car AccidentWhen you’re injured in a motor vehicle accident because of someone else’s carelessness or negligence, the bills can pile up quickly. You might be unable to work and meet your financial obligations, and you might experience significant pain and discomfort on a daily basis, making it difficult or impossible to do many of the things you love. What losses can you reasonably expect to be covered in a personal injury lawsuit?

Most damages available in a personal injury claim are known as “compensatory” damages—intended to compensate you for some identifiable loss. Compensatory damages can include “economic” damages, like loss of income, loss of the value of property, and unreimbursed medical expenses. These damages are measured by loss of revenue coming in or the required flow of money out. Other losses are “non-economic”—those that are less tangible, such as pain and suffering, loss of companionship or consortium, or loss of enjoyment of life (the ability to engage in activities that bring enjoyment).

To determine your economic damages, you’ll tally up your actual unreimbursed expenses, your lost wages or income, and any loss of value to property. Non-economic damages are much more difficult to determine:

  • Some courts instruct juries to use their judgment to determine a “reasonable award.”
  • Some courts use a “multiplier” approach, in which the amount of economic damages is multiplied by a factor, typically somewhere between one and ten.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.

We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

What Factors Lead to Driver Error?

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Most Common Causes of Motor Vehicle Accidents

Though auto accidents occasionally result from intentional behavior, virtually all motor-vehicle-accident-injury claims are based on negligence, which requires proof of cause. According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the most common cause of motor vehicle accidents is operator or driver error.

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car Accident

Some Factors That Lead to Driver Error

A number of circumstances cause drivers to make mistakes that lead to car crashes:

  • Distracted driving—Far and away, the most frequent cause of driver error is distraction—the person driving the vehicle takes his eyes or focus off the road and misses a stop sign or light, drifts into another lane, or fails to see the car in from of him. Using a handheld device is now a common distraction—talking, texting, or even responding to an e-mail while driving. According to the National Safety Council, about one-fourth of all motor vehicle accidents in the United States are caused in part by cell phone use. Other common distractions include the car stereo, passengers in the vehicle, eating or drinking while driving, and roadside attractions.
  • Driver fatigue—Crashes frequently happen because the driver is operating the vehicle without adequate rest. Lack of sleep negatively affects your reaction time and is comparable to driving while intoxicated or under the influence.
  • Drunk driving or operating a vehicle under the influence of pharmaceutical products—According to the NHTSA, about 40% of all auto accident deaths involve alcohol abuse. Alcohol is a depressant that slows down your reaction time, compromises your vision, and often leads to bad decision-making.
  • Excessive speed—Among younger drivers, speeding is the most common cause of accidents. Speeding makes it more difficult to take evasive action when driving in inclement weather or when another motorist pulls in front of you

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all motor vehicle accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

When You’re Partially At-Fault for Causing a Car Accident

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Can You Still Recover Damages from Another At-Fault Person?

Often, when someone is hurt in an accident, there are many contributing factors. A car might turn in front of you while you’re speeding. Your injuries might be more severe because you weren’t wearing a seatbelt. You might be hurt by a defective product while using it for some purpose other than its intended use. If you engage in negligent behavior that contributes to your injuries, can you still recover compensation?

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car Accident

Comparative Negligence in New Jersey

In New Jersey, if you suffer an injury in an accident caused in part by another person, you can still bring a lawsuit to recover for your losses. However, the court will apply the principle of comparative negligence when determining the amount of your recovery. Under the concept of comparative negligence, the court first determines the full amount of your losses. It then establishes your degree of responsibility, stated as a percentage of liability. The court will reduce your damage award by the percentage of your liability. For example, if you incur losses of $250,000, and the court finds you 10% at fault for causing your own injuries, your award will be reduced by $25,000.

In New Jersey, which applies the principle of modified comparative negligence, you can receive compensation only if your percentage of liability is less than 50%. If you are more responsible for causing the accident than the other party, you cannot recover any damages at all.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all motor vehicle accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Potential Sources of Recovery after a Motor Vehicle Accident in New Jersey

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The Different Parties from Whom You May Be Able to Recover

Potential Sources of Recovery after a Motor Vehicle Accident in New JerseyWhen you’re hurt in an auto, truck, or motorcycle accident in New Jersey, you typically turn to your insurance provider to recover for your losses—that’s how New Jersey’s “no-fault” auto insurance laws operate. You purchase personal injury protection (PIP) coverage, which allows you to recover a specified level of compensation without the need to prove liability in a court of law. In some situations, the amount provided under your policy is sufficient to cover your losses. But what if it’s not?

Other Potential Sources of Recovery After a Car Accident

If you exhaust all the benefits available under your policy but still have not covered all your losses, you may be able to pursue compensation directly from the at-fault party or their insurance provider. If the at-fault party had inadequate insurance, or no insurance, you may be able to look to your insurer for additional compensation, provided you had a provision in your insurance policy that covered uninsured or under-insured motorists. Such a provision usually is not included among the standard policy terms but often is sold as a rider to the policy.

In the absence of such a provision, you may look for other potentially liable parties:

  • If your accident was caused by a drunk driver, there may be liability on the part of a bar, tavern, liquor store, or other party who provided alcohol to the intoxicated person.
  • Manufacturers, distributors, and designers of defective vehicles or vehicle parts may be liable under product liability laws.
  • Municipalities or municipal agencies can be liable if your accident was the result of poor maintenance of roadways or roadway defects.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and online videoconference.

We handle all motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Who’s Responsible for a Rear-End Collision?

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Is It Always the Driver in the Back?

Who's Responsible for a Rear-End CollisionStatistics confirm that one of every three car accidents in the country are rear-enders. There are a wide variety of causes, including excessive speed, distracted driving, mechanical failure, and fatigue. A common misperception is that the personin the rear car is always responsible. But is that really the case? If not, what are the situations where liability may differ?

Determining the Basis for Liability

When you’re seeking compensation for a personal injury, it’s almost always based on a legal theory of negligence. Negligence requires that you show three things:

  • You must show a breach of duty—Under the laws governing personal injury, every person in society has a duty to engage in reasonable behavior atall times and with respect to all actions—driving a car included. A person will be considered negligent only if it can be shown that his or her actions were not reasonable under the circumstances.
  • You must establish cause—The accident must have been the result of the other driver’s failure to act reasonably.
  • You must demonstrate actual loss—As a consequence of the accident, the injured party must have lost something of value.

As a general rule, it’s reasonable to expect that a person behind the wheel of a car to focus their attention on the road ahead. Accordingly, if you rear-end someone because you aren’t paying attention—whether because of fatigue or distraction—you can be held liable. Likewise, if you’re traveling at a speed that makes it impossible to stop in time, that can be considered negligence.

When the Following Driver May Not Be Liable

Though it’s rare for the driver in the rear to escape liability, it does happen in certain circumstances:

  • The front vehicle is stopped in the road without any hazard lights on.
  • The driver in front is moving in reverse at the time of the crash.
  • The driver in front brakes but has non-functioning brake lights or lights that are obscured by snow or other substances.
  • The driver in the rear has a vehicle malfunction, in which case liability may bewith the vehicle manufacturer or a garage that serviced the vehicle.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

The Duties of a Common Carrier

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The Degree of Care When a Fee is Charged for Transport

car crashUnder the laws of negligence, which have evolved over the past millennia, every person in society must exercise reasonable care in all actions, so as to minimize the risk of injury to others. Accordingly, if a person gives you a ride to or from somewhere, even if the ride is free, the driver must exercise reasonable care to avoid a possible car crash.

When you pay money to travel on a motor coach, train, passenger boat, taxi or airplane, though, you expect a higher degree of care and a higher level of safety. In fact, the law imposes a duty on individuals and entities that transport either people or goods from one place to another for a fee. They are known under the law as “common carriers,” and typically must adhere to higher legal standards than other motorists.

The Duties of a Common Carrier

Under the law, a common carrier must exercise “the highest degree of care” when transporting individuals or property for a fee. With respect to people, a common carrier must take “all reasonable steps” to prevent injury to passengers. Note that the duty actually may extend to individuals in a waiting area who may subsequently become passengers upon the arrival of a train, bus, truck or other vehicle. However, in most instances, the duty arises once the passenger purchases a ticket.

Contact Attorney Howard D. Popper

To learn about how we can help you with a Social Security disability claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Common Causes of Mass Transit Accidents

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The Factors that Frequently Lead to Public Transportation Injuries

car accidentOne of the arguments commonly made to promote buses, light rails, commuter trains and other forms of mass transit is the belief that they offer a safer ride. While mass transit accidents may not be as common as motor vehicle accident, they still happen too often and can result in serious injury and death.

As a general rule, negligence is a contributing factor in most public transportation accidents. Negligence involves the failure to act reasonably in a given situation. Under the laws of personal injury, every person in society has a duty to exercise a reasonable degree of care in all actions. That includes individuals who own or operate mass transit vehicles.

Among the most frequent causes of mass transit accidents are:

  • Carelessness or breach of duty by the driver. This may involve distracted driving, fatigue, impairment by drugs or alcohol, inadequate training or failure to obey traffic laws and signals.
  • Ineffective or inadequate vehicle maintenance—The owner or operator may ignore known mechanical issues or fail to conduct routine maintenance.
  • Dangerous or defective components on the mass transit vehicle—Such components may be defectively designed, manufactured or marketed.
  • Roadway hazards, including poorly designed or maintained thoroughfares
  • Negligence in hiring, training or supervising a mass transit employee—A supervisor may hire an employee without the necessary skills, fail to ensure that they have appropriate instruction on the use and operation of a mass transit vehicle, or fail to monitor the employee for compliance and skill assessment.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all mass transit accident and injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Factors that a Jury Can Consider When Awarding Damages for Pain and Suffering

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Damages for PainIn the aftermath of a personal injury, you have the right to pursue damages for all your losses, from wages and income to medical expenses, from loss of companionship or consortium to pain and suffering. In an earlier blog, we looked at the different types of pain and suffering, and briefly discussed the concept of a “multiplier,” where the court calculates “out-of-pocket” losses and multiplies by a factor to calculate the award for pain and suffering. In New Jersey, that amount might be one to three times out-of-pocket damages or it can be ten times that amount.

We noted in the earlier blog that courts customarily instruct juries to use common sense and experience when calculating damages for pain and suffering. In this blog, we look at some of the concrete factors that we know juries take into consideration when assessing pain and suffering. There are many, including:

  • Whether or not you, as the injured party (plaintiff) are a good and favorable witness. This includes not only your appearance and demeanor during examination and cross-examination, but your perceived credibility. Juries will likely be instructed to listen carefully, so that they can determine if there are inconsistencies in your testimony, or whether it seems that you are exaggerating any claims. It won’t matter if your contradictory statements had anything to do with the extent of your pain and suffering. If it appears that you fabricated or misrepresented anything, it can have an impact on your ability to get damages for pain and suffering.
  • Whether there is medical testimony to support your claims of pain and suffering
  • Whether the allegations of pain and suffering make sense to the jury
  • Any prior criminal record you may have

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Can You Get Workers’ Compensation Benefits for a Work-Related Car Accident?

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Work-Related-Car-Accident

The New Jersey workers’ compensation laws were enacted to provide an alternative to the civil courts when workers suffered injury because of the carelessness or negligence of employers or fellow workers. Accordingly, when an employer fails to properly maintain equipment, or does not provide adequate training and supervision, and you suffer injury, you can file a workers’ compensation claim and, if your claim is approved, start receiving benefits within a few weeks.

The reality, though, is that many people travel as a part of their jobs and many “work-related” injuries are suffered in motor vehicle accidents while employees are on company time. Can you file a workers’ compensation claim for injuries suffered in a car accident while on the clock? If so, are you limited to seeking benefits through a workers’ compensation claim?

The rules governing eligibility for workers’ compensation for motor vehicle accident injuries are pretty clear:

  • You cannot recover for injuries suffered in a motor vehicle accident on your way to or from work, unless you were injured because you deviated from your route to perform a work-related task (pick up supplies or food/beverages at the request of a supervisor)
  • Injuries sustained during work hours are generally covered, unless you were in a vehicle for a purely personal activity

It’s important to understand, however, that you can file a workers’ compensation and a personal injury lawsuit simultaneously, provided at least one at-fault party was neither your employer nor a co-employee. You cannot, however, recover twice for the same loss. If you received workers’ compensation benefits to cover lost wages and income, you cannot recover the same lost wages and income in a separate proceeding before a judge and jury.

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

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