Understanding Car Accident Laws in Clifton

New Jersey follows no-fault laws, which means that you can still recover damages if you were partly at fault for the accident. One crucial thing to remember, however, is that New Jersey also has modified comparative negligence laws. To get compensation, your percentage of fault has to be less than that of the other party.

If you were 50% at fault for a car accident in which two people were involved, you can still recover, but not if your fault is 51%.

To complicate matters even more, what you can claim depends on the kind of insurance you have. New Jersey requires that every driver have personal injury protection (PIP). That insurance covers economic damages like injuries and lost wages.

You must also have liability insurance, which covers property damage of up to $5,000, and uninsured motorist insurance, which pays if you’re in an accident with someone who doesn’t have insurance.

If you have a basic insurance policy, you have the required insurance options, but you don’t have the chance to sue the at-fault party for non-economic damages like pain and suffering. To be able to do so, you need to have a standard policy.

Under a standard policy, you have the choice of a limited or unlimited right to sue. With a limited right to sue, you’re able to get compensation for non-economic damages — but only if your injuries pass a certain threshold of severity.

With an unlimited right to sue, you can claim non-economic damages no matter the type of injury you suffered.

After a car accident, you generally have a statute of limitations of two years. However, keep in mind that many factors can affect the exact time you have in which to file a claim. Certain circumstances will give you only a year. That’s why contacting a lawyer immediately is vital.

Common Causes of Car Accidents in Clifton

In Clifton, as in the rest of the country, a common cause of car accidents is distracted driving. To be able to respond appropriately to the changes on the road, drivers have to focus their whole attention on driving.

Although distracted driving has always been an issue, smartphones have made the problem worse. Texting, checking social media, and even playing games while behind the wheel are, unfortunately, commonplace.

Any action that distracts the driver is dangerous, including reaching for items, adjusting the radio, and more.

Driving under the influence is another serious concern. The legal blood alcohol concentration (BAC) limit is 0.08%, as it is in the rest of the country, but just one drink can make you a danger if you’re driving a car. Alcohol slows your reflexes while also affecting coordination — a potentially deadly combination.

Speeding can also lead to serious accidents on the road. A driver who’s speeding won’t have the necessary time to brake to avoid a collision. Remember that speeding doesn’t just mean going over the posted speed limit. It also includes driving too fast for road conditions.

Aggressive driving is another issue in Clifton. Aggressive driving refers to a combination of traffic offenses that put others in danger. Anyone who engages in risky behavior that ignores the safety of others sharing the road is driving aggressively.

Intent is crucial when it comes to aggressive driving. For example, a driver who runs a stop sign because they were distracted by their phone is negligent but not responsible for aggressive driving. Someone who runs the stop sign intentionally is driving aggressively.

Another potential cause of accidents is road conditions. If there are potholes, roads with uneven pavement, or other similar issues, a driver can lose control of the car and cause an accident.

Drivers who are too tired put others at risk, too. Being tired makes you less able to react with the necessary speed to hazards on the road. Sleepy drivers can also fall asleep at the wheel.

How to Choose the Right Car Accident Lawyer in Clifton

To have the best chance of getting the compensation you deserve after being in a car accident, you need to have a car accident lawyer by your side. That doesn’t mean, however, that you should choose just anyone to represent you.