Jersey City Head-On Car Accident Attorney
A head-on car accident is uncommon, but it does happen. This type of accident usually involves two cars that collide with each other on their front sides. For instance, if one car is driving down the wrong way of a one-way street, they are going to have the traffic moving against them. This means they are likely going to experience a head-on collision unless they catch their mistake quickly and pull off the road. In other instances, one car could be driving on a two-way street and then unknowingly drift into the opposite lane. Perhaps the driver is distracted or drunk at the time. These are examples of what can cause a head-on car accident. If you have been involved in such an accident, contact a Jersey City head-on car accident attorney from the Bhatt Law Group today by calling (201) 798-8000. We have years on experience handling injury cases that result from car accidents and look forward to providing you with a free consultation to discuss your options.
When these accidents do occur, there is almost always a severe injury or death. You can expect the drivers and/or passengers to suffer several bone fractures, brain injuries, spinal cord injuries, internal organ damage, and other serious injuries. It is safe to say that anyone who survives a head-on accident is going to be disabled for the rest of their lives. If you or someone you know was the victim of this type of accident, then you are entitled to a great deal of compensation for all the pain and suffering that was experienced.
Steps to Take After a Head-on Accident in Jersey City
If you are the victim of a head-on accident in New Jersey, then you may be too injured to do anything. But if the accident is minor or happens to a friend or family member, then you should take certain steps to prepare your future legal case against the other driver. Below are the basic steps that you can take.
- Call the police and give them all the details you can about the accident.
- Stay at the crash site. Take photographs of both cars from every possible angle. Capture pictures of the skid marks on the road too.
- Get the contact information of all the witnesses and victims.
- Take note of any nearby surveillance cameras or security cameras. They might have captured the accident on video.
If you have car insurance then your claims adjuster should perform most of these steps, especially if you were severely injured in the crash. More than anything else, seek medical attention immediately if it is needed. Not only will this be good for your own health, it will also prove that your injuries were serious in case you decide to file a lawsuit against the other driver.
When there is a head-on accident, it is usually easy to determine which driver was at fault. The driver that swerved into the wrong lane or drove down the wrong way of a one-way street will be at fault. However, in rare situations, the driver’s vehicle may have mechanical problems which ended up causing the head-on collision.
Bad brakes, for example, could cause a driver to lose control of their vehicle and swerve into the oncoming lane. New Jersey has something called the product liability law which would protect the driver if this were to occur. Meanwhile, the manufacturer of the vehicle, or the component that went bad in the vehicle, will be held liable for the damages resulting from the accident.
If the head-on accident was actually caused by the other driver’s incompetent actions, then you have every right to file a lawsuit against them. In the state of New Jersey, liability is determined through something called a modified comparative fault system. This means you will only have to prove that the other driver was over 50% at fault. Then you will be entitled to receive compensation for the damages they caused.
But if you are found to be just as responsible or even more responsible for the head-on collision than the other driver, you will not be entitled to receiving any compensation. In fact, you may be the one paying compensation to the other driver because they are likely going to sue you instead. Only the court can determine the percentage in which each driver was at fault.
In New Jersey, you can seek both compensatory damages and punitive damages. Virtually every head-on car accident case that goes to court involves a plaintiff who is seeking compensatory damages. If you win the case, you will be awarded monetary compensation for any property damage and/or injuries that you have suffered. You can expect compensatory damages to cover the following:
- Medical Bills
- Car Damage
- Pain and Suffering
- Lost Earnings
Let’s say between the medical bills and car damage, you are seeking $200,000 in compensation from the defendant. If the judge finds the defendant to be 80% responsible for the head-on collision, then you will be entitled to 80% of $200,000, which is $160,000. On the other hand, you don’t have to settle for only compensatory damages. You can seek out punitive damages in addition as well.
Punitive damages are basically like a punishment for the guilty driver. If they were proven to be totally reckless in their driving, they could end up paying a lot more money than just the compensatory damages. According to New Jersey law, punitive damages can be 5 times whatever the compensatory damages are in the case.
So, if you received $160,000 in compensatory damages and you are also seeking punitive damages, then you could be entitled to an extra $800,000 on top of that. Of course, this all depends on the extent of the injuries and damages. In the end, the civil jury will make the determination of how much is awarded to the plaintiff.
Hire a Jersey City Head-On Car Accident Attorney
A head-on car accident in Jersey City is never something that you should handle on your own. No matter who is at fault or what the circumstances were, you need an experienced attorney that will defend you in the best possible way and seek out the proper amount of compensation that you deserve. Your insurance company may hire an attorney for you unless you don’t have enough coverage under your plan. Since head-on collisions are much bigger cases, you will need a lot of coverage for your insurance provider to cover these legal expenses. Your best bet will be to hire an attorney directly and have them work on commission if they win the case. That way, you will only pay them if they win your case. Contact our office today by calling (201) 798-8000 to speak to an experienced Jersey City head-on car accident attorney today.