Car accident situations are scary for everyone involved. Injured victims of car accidents may be uncertain as to how they will be able to pay their vehicle damage, medical expenses, and their everyday bills if they miss work for extended periods of time. In such times of uncertainty, it is often advantageous to have a good and experienced lawyer involved.
Determining liability in a car crash depends on a variety of factors, and depending on the nature of the accident, liability could be assigned to one person, a number of persons, manufacturers of defective cars, and even businesses that employ negligent drivers or mechanics who improperly repair a vehicle. . This is where a knowledgeable and capable attorney can make the difference with regard to the amount of your total compensation.
A lawyer can assist crash plaintiffs in filing a car accident claim. They will handle the insurance claim on the victim’s behalf and negotiate for a fairer settlement. If you were in a car accident in the Fort Lee area, you can consult with our Fort Lee car accident lawyers to get an estimate for your claim.
But first, let’s review the different types of car crash scenarios and how fault is determined under varying circumstances.
Rear-End Collisions
A rear-end collision occurs when one forward-moving car strikes another from behind. Typically, traffic laws assign blame to the driver who struck first, which in most cases is the tailgating driver. However, this may not always be the case. In some situations, such as when a front driver suddenly slams on their brakes without reason, that driver may be deemed liable for the resulting accident. Black box evidence also known as Event Data Recorders (EDRs) and eyewitness testimony may be used as evidence to show sudden braking.
Intersection Accidents
Intersection accidents occur at traffic light stops or stop sign intersections, where typically one driver will fail to follow traffic laws, such as running a red light or stop sign, not yielding for pedestrians, driving when they no longer have right-of-way, turning on red in zones where it is not allowed, roundabout accidents, or other instances where a crash at an intersection occurs. Some intersection accidents result in head-on collisions, left turn accidents or a broadside (T-bone) collision. When an intersection accident occurs as the result of a driver’s failure to abide by traffic laws, they may be deemed negligent per se and therefore liable for damages.
Single-Vehicle Accident
Single vehicle accidents are typically incidents where a car may run off the curb, crash into a structure, pole, or nature (such as a tree or bramble). These could have occurred as a result of driver negligence, speeding, poorly maintained road conditions, inclement weather, or car manufacturing errors. If the incident was the result of a manufacturing defect to the car and you sustained legally cognizable injuries you may be able to bring a lawsuit under a theory of product liability. If it was caused by poorly maintained road conditions, you may be able to make a claim against the governmental entity or town that is responsible for maintaining the roads.
Multi-Vehicle Pileups
These are instances where an accident happens and more than 2 vehicles end up involved in the crash. This can happen most commonly when forward-moving drivers are negligent (i.e. tailgating too close, not braking in time, failure to yield, etc.). When more than two or more vehicles are involved in an accident, what’s known as a pile can occur resulting in massive wreckage. .
Sideswipe Accidents
When one vehicle ends up scratching against the side of another vehicle while traveling in the opposing direction, it is known as a sideswipe accident or side impact collision. This can typically be a result of negligent driving when driving too close to the dividing lines or swiping against a car in a parking lot while backing up or pulling in.
Pedestrian Accidents
If a pedestrian is struck by an oncoming vehicle, whether at an intersection, the side of the road, or in a parking lot, it is known as a pedestrian accident. In most cases, pedestrians are given the right-of-way, and are at more risk than the person behind the wheel, so liability generally falls with the driver.
Distracted Driving
Distracted driving or driver inattention could result from texting, sleeping or daydreaming, or talking and looking away from the road while other passengers are in the car. These are prime examples of negligent driving. The driver who is distracted may be deemed liable in a car accident claim.
Drunk Driving Accidents
If a driver is intoxicated (driving under the influence), and strikes another car or pedestrian, that is an example of a drunk driving accident. Someone driving under the influence may be deemed to have been engaged in reckless driving and will be at fault for the accident and potentially face criminal charges.
Head-On Collision
A head-on collision is a result of two forward-moving vehicles colliding from opposite sides. Fault is determined the same way as the other accident scenes, by using the concept of negligence. If a driver did not proceed with adequate care or violated traffic laws, they may be considered at fault for the collision under a theory of negligence or negligence per se..
How Can an Experienced Lawyer Help After a Car Accident?
If you were a victim of any of the aforementioned accident scenarios and you were not at fault, you can enlist the help of a Fort Lee personal injury lawyer to assist you in filing a claim for compensation. A lawyer will gather evidence through means of accident reconstruction, eye-witness testimony, consulting the police report, and any other indication of negligence that can build a strong case for your claim.
Consult with a lawyer and find out how much your claim could be worth.