Helping New Jersey drivers find justice after an intersection accident.
How do you move forward after an intersection accident leaves you dealing with pain, medical bills, and missed work? In these moments, finding an intersection accidents attorney in New Jersey can make a difference. Intersection accidents are often chaotic, with complex questions about who’s at fault and how to handle insurance claims. You may feel lost trying to understand your rights and options without the right support.
An experienced personal injury attorney in NJ is there to guide you, protect you from unfair insurance tactics, and fight to get you the compensation you deserve. Having someone experienced by your side after an intersection accident makes recovery easier. It helps you to focus on healing and getting back to your life.
Here, we’ll talk about why having an attorney’s help is so important after an intersection accident. We will also give practical advice on finding the support you need.
Quick Summary
- An intersection accident happens when drivers fail to follow the rules at a road crossing, such as not yielding the right of way. Common causes include distracted driving, reckless driving, weather conditions, drowsy driving, and driver errors like failing to yield or stop. Poor weather can make roads slippery, while distractions or fatigue can delay a driver’s reaction time. Additionally, driving under the influence of alcohol or drugs significantly increases the risk of accidents, especially at busy intersections.
- Typical intersection accidents—like rollovers, T-bones, and rear-ends—come with their own dangers, often resulting from speeding or failing to yield. Drivers can lower their risk by staying cautious and following traffic rules carefully.
- Determining fault in intersection accidents requires gathering evidence and evaluating driver actions, sometimes sharing fault. Victims can receive compensation for financial losses and personal suffering, and courts may impose penalties for reckless behavior. You have two years to file a personal injury claim and up to six years for property damage. Consulting a lawyer is beneficial because they can help gather evidence, manage legal deadlines, and ensure you receive fair compensation.
What Does Intersection Accident Mean?
An intersection accident occurs when drivers fail to properly yield the right of way at a crossing point where roads meet. According to traffic laws, drivers approaching an intersection must yield to vehicles already there. When two cars reach an intersection simultaneously, the vehicle on the left should give way to the car on the right.
Additionally, a driver intending to turn left within an intersection must yield to any vehicle coming from the opposite direction if it poses an immediate hazard. Once the left-turning driver has yielded and signaled appropriately, other vehicles approaching from the opposite side must yield to allow the turn.
What Are Common Causes of Intersection Accidents
In New Jersey, intersection accidents frequently result from various factors, with driver mistakes being a leading cause. Some typical causes of intersection accidents in New Jersey include:
Distracted Driving
Distracted driving, including texting, talking on the phone, or adjusting in-car controls, significantly increases the risk of missing traffic signals or other vehicles. A split second of lost focus can result in dangerous delays in responding to intersectional changes. Staying attentive is essential, especially in high-traffic areas, to reduce accidents.
Reckless Driving
Reckless driving is a dangerous form of negligence. It includes speeding, erratic lane changes, and disregarding traffic rules. Such behavior makes intersections especially hazardous, often leading to severe consequences and penalties. This type of driving endangers all road users by ignoring the safe practices needed to handle intersections safely.
Weather Conditions
Bad weather, including rain, snow, and ice, increases the risk of accidents by making roads slippery and reducing vehicle control. Slippery conditions can lead to skidding or difficulty braking at intersections, making it harder to avoid collisions. Adapting driving habits to weather conditions is essential to prevent accidents.
Drowsy Driving
Sleep-deprived drivers often struggle with slower reaction times and reduced attention, increasing their chances of causing an accident. Drowsiness can lead to poor judgment and delayed responses, particularly risky in intersection zones. To cut this risk, drivers should avoid driving when feeling fatigued.
Driver Error
Common driver errors, such as failing to yield, not fully stopping, or speeding through intersections, are frequent causes of accidents. Such mistakes increase the risk of collisions, particularly in high-traffic intersections where quick decisions are essential. Adhering to basic traffic rules can significantly reduce intersection accidents.
Driving Under the Influence
Driving under the influence of alcohol or drugs impairs critical abilities like judgment, reaction time, and motor skills. This impairment can lead to dangerous situations where quick responses are necessary at intersections. Intoxicated driving poses severe risks to everyone on the road, particularly in busy intersection areas.
Common Types of Intersection Accidents
Intersection accidents occur on busy roads, often resulting from driver error or unsafe driving practices. Understanding the common types of collisions at intersections can help drivers stay alert and reduce their risk of involvement.
- Rollover Accidents. Rollover crashes often happen when drivers take turns too sharply at high speeds, causing the vehicle to tip or flip. These accidents are hazardous due to the potential for severe passenger injuries.
- T-bone Collisions. T-bone accidents, or side-impact crashes, frequently occur when a driver fails to yield to another vehicle’s right of way at an intersection. These collisions are often severe, impacting the side of the vehicle and increasing the risk of injury to occupants.
- Failure to Yield. Failing to yield, especially in traffic circles, is a common cause of accidents. Drivers may disregard others already in the circle or nearby pedestrians. Yielding mistakes can lead to serious collisions due to the close proximity of vehicles and pedestrians.
- Rear-End Collisions. Rear-end accidents happen frequently in high-traffic areas where sudden stops are common, often due to distracted driving or emergency braking. These collisions can cause significant damage and injuries, especially at high speeds.
- Speeding is a leading cause of fatal intersection accidents. Excessive speed reduces drivers’ reaction times and increases crash impact. Speeding in intersections is particularly dangerous as it lessens control over the vehicle, making it harder to avoid sudden obstacles.
- Sideswipe Accidents. Sideswipe collisions can occur when a driver changes lanes or attempts to pass without adequate clearance. This type of accident often results in side-panel damage and, if the impact is severe, can lead to further loss of control.
How Is Liability Determined in Intersection Accidents in New Jersey?
Determining liability in intersection accidents in New Jersey involves analyzing various factors, from adherence to traffic laws to gathering evidence and insurance assessments. This process ensures that fault is accurately assigned, helping victims seek compensation for their injuries.
Negligence and Duty of Care
Liability in intersection accidents primarily relies on establishing negligence, which involves proving that a driver failed to exercise a reasonable standard of care. In New Jersey, this duty includes following traffic regulations, such as obeying stop signs and traffic lights and yielding to other vehicles or pedestrians as required.
Comparative Negligence Rule
New Jersey operates under a comparative negligence rule, which allows for shared fault in accidents involving many parties. Under this rule, a driver may still recover damages even if they were partially responsible for the accident, yet their compensation will be reduced according to their percentage of fault. For example, if a driver is found to be 30% responsible, their compensation will be reduced by that 30%.
Evidence Collection
Gathering solid evidence is critical to establishing liability in intersection accidents. This process includes obtaining police reports, witness accounts, and available footage from traffic cameras, which can provide a clear picture of the accident. Prompt evidence collection is important, allowing attorneys to build a stronger case and establish fault effectively.
Role of Insurance Companies
After an accident, insurance companies investigate to determine each party’s liability, and their findings can significantly affect the claim outcome. Since insurance adjusters may try to shift blame, victims must avoid discussing liability directly with the other driver’s insurance representatives to prevent unintentional admissions of fault.
What Are Damages Available in Intersection Accidents in New Jersey?
In New Jersey, intersection accident victims may be entitled to various types of damages, grouped into economic, non-economic, and punitive categories. These damages aim to compensate for financial losses and emotional suffering and, in some cases, punish wrongful behavior.
Economic Damages
Economic damages compensate for the financial costs directly resulting from an accident. These quantifiable losses help victims recover the expenses necessary for medical care, income loss, and property repairs.
- Medical Expenses. Victims can recover costs for all medical expenses related to the accident, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatment. Documenting all medical bills and treatment details is critical to substantiating these claims.
- Lost Wages and Loss of Earning Capacity. Victims may claim compensation for current and future lost income if injuries cause missed work or limit future earning potential. This includes short-term income loss due to recovery and any reduction in earning capacity due to lasting disabilities from the accident.
- Property Damage. Victims can seek compensation, including repairing or replacing their vehicle and other belongings damaged in the accident. Proper documentation, such as repair estimates and receipts, helps support this claim.
Non-Economic Damages
Non-economic damages address the intangible impacts of an accident, including physical and emotional suffering. These damages recognize the long-term effects on a victim’s well-being, relationships, and quality of life.
- Pain and Suffering. Victims are entitled to damages for emotional suffering and physical pain that result from the accident. This category covers physical discomfort and the psychological impact, such as anxiety or depression, that the victim may experience.
- Diminished Quality of Life. Injuries that impair a victim’s ability to enjoy life or perform daily tasks may qualify for damages under diminished quality of life. These damages consider the long-term impact on lifestyle, physical limitations, and chronic pain that alter day-to-day activities.
- Emotional Distress and Mental Health Treatment. If the accident leads to significant emotional distress, such as PTSD, victims may claim compensation for mental health treatment. Costs for therapy, counseling, and other mental health support are included in this claim.
- Loss of Consortium. When injuries affect a marital relationship—such as through a loss of companionship or affection—a spouse may seek damages for loss of consortium. This compensation recognizes the relational impact of injuries on the victim’s spouse.
Punitive Damages
In cases where the accident involves gross negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar conduct. These damages go beyond compensating the victim and aim to address the wrongdoer’s reckless behavior.
How Long Do I Have To Sue After An Intersection Accident in New Jersey?
Under New Jersey law, specifically Revised Statute § 2A:14-2, you have two years from the date of a car accident to file a personal injury claim. For property damage, New Jersey Revised Statute § 2A:14-1 allows up to six years from the incident date to seek compensation.
Filing after these deadlines typically means you won’t be eligible for compensation, so acting promptly is essential. A New Jersey car accident attorney can help file your claim correctly and within the required timeframe.
Certain exceptions to these time limits exist:
- Minors: If the accident victim was under 18, they must file a claim two years from their 18th birthday.
- Mental Disability: Victims with a pre-existing mental disability may receive additional time to file if they are unable to understand or act on their right to make a claim.
- Discovery Rule: The statute allows two years from the date the injury is discovered for injuries not immediately noticeable. However, claims must still be filed within four years of the accident.
Need Help After An Accident? Call Our Intersection Accidents Attorney in New Jersey Now!
The aftermath of an accident can be challenging, but our team from Kreizer Law is here and is committed to helping you every step of the way. Focusing on cases like car and intersection accidents, we bring our extensive experience to the table to fight for your rights and the compensation you deserve.
Our approach suits your unique situation, ensuring you receive personal attention and proactive support. We’ve secured significant outcomes for our clients, working tirelessly to see justice served. The road to recovery doesn’t have to be a journey you take alone.
We can also help you with cases involving nursing home abuse, medical malpractice, sexual abuse, and worker’s compensation. Take the first step towards getting your life back on track. Contact us now for your free consultation. Let’s discuss how we can help bring peace of mind and move forward together.
