Atlantic City Car Accident Lawyer
Car accidents happen. In fact, if you drive long enough, an accident of some kind will almost certainly involve you. If a car accident injured you, first seek immediate medical attention, then consult an experienced Atlantic City car accident attorney. Even if your car accident seems more like a fender bender, every accident is unique and the injuries you incur may not prove noticeable at the outset. If a car accident injured you, obtain skilled legal counsel. Do not hesitate to contact The Levin Firm today.
Atlantic City Car Accidents
If a car accident injured you in New Jersey, your own car insurance—via your no-fault personal injury protection (PIP) coverage—will cover you even if the other driver’s negligence caused the accident. PIP is highly efficient (in theory) at paying out for the medical expenses you incur.
PIP, however, won’t cover your non-economic damages. Pain and suffering, which is so often associated with significant car accidents, is one such non-economic element that PIP doesn’t cover.
If someone else’s negligence injured you in a car accident, you no doubt feel overwhelmed. This is no time to take matters into your own hands. Allow the experienced Atlantic City personal injury attorneys at The Levin Firm to aggressively advocate for your claim’s most favorable resolution.
Taking Your Atlantic City Auto Accident Case To Court
If another driver’s negligence injured you in an Atlantic City car accident, your claim will probably go through your own car insurance company. If, however, your injuries reach a significant level, you can bring a legal case against the at-fault party:
- If you lost a body part in the accident
- If you suffered significant scarring or disfigurement in the accident
- If you were pregnant and lost your unborn child in the accident
- If you sustained a broken bone in the accident
- If you sustained an injury in the accident that hasn’t healed—and that doctors don’t expect to heal
- If your loved one died in the accident or from injuries sustained in the accident
Every car accident is both unique and uniquely complicated. Discuss your claim with an experienced car accident lawyer who will help you explore your options and make the right decisions for you and for your claim.
Atlantic City Car Crash Damages
Often, your PIP coverage won’t adequately cover all the damages you incur in a car accident. In such instances, you will need to pursue additional negotiations—or even litigation—to receive compensation for your losses. Typically, economic losses fall into these categories:
- Medical expenses—both current and ongoing
- Lost wages
- Lost earning potential
If your claim is serious enough, these non-financial losses may play roles in your claim:
- The pain and suffering you’ve endured
- The mental and emotional anguish you’ve suffered
- Any loss of consortium (or marital companionship) that you’ve encountered
- Any punitive damages against the negligent party
Common Myths Associated With Car Accidents
People commonly associate plenty of myths with car crashes. Let’s separate the useful information from the less useful:
If I meet with an Atlantic City car accident attorney, I’ll end up going to court. Meeting with an experienced car accident attorney in no way means that your case will go to court and that you’ll incur exorbitant legal fees. In fact, consulting with a skilled car accident attorney means that your rights are better protected and that you are more likely to receive full compensation for your injuries. While your car accident lawyer will prepare your case for court, most claims settle out of court. Furthermore, your initial consultation with your car accident attorney is free.
My car insurance made a settlement offer, which should adequately cover my damages. This is a big one. Always keep in mind that your insurance company is in the business of making money and that—while it does cover you and must abide by legal and industry standards—its bottom line is always its top priority. It is rarely in your best interest to accept your insurance company’s initial settlement offer, which we can almost guarantee is a lowball attempt to get rid of your claim and leave you with no further legal options.
If I didn’t notify my car insurance provider immediately, so I can’t proceed with my personal injury claim. While it’s important to notify your car insurance provider after a car accident, injuries sometimes blossom with time and may necessitate filing a later claim. Furthermore, your insurance company can’t require you to provide a statement about the accident before you’re ready or before you consult with a car accident attorney (who will help protect your claim).
I didn’t seek medical attention immediately after the accident, so insurance won’t cover my injuries. Just because you didn’t seek immediate medical attention after a car accident does not mean
that the car accident didn’t injure you. Injuries sustained in car accidents (and many other kinds of accidents) can manifest with time (from a few minutes or hours after the accident to a lapse of several weeks or more). If you think a car accident left you unharmed, seek medical attention anyway to identify and treat the long-term serious effects of injuries your car accident may have caused.
Atlantic City Car Accident FAQs
Car accidents are a leading cause of death in the United States, with an average of 6 million accidents each year. Car accidents account for 94 percent of transportation deaths and 99 percent of non-fatal transportation injuries. In New Jersey, there were 525 fatal crashes in 2020. These accidents are so common that we sometimes take them lightly, calling them “fender benders.” But, a motor vehicle accident can involve far more than just damage to your car. It can cause injuries that have a tremendous impact on your life.
You may face huge medical and other expenses, as well as daunting personal challenges. If a car accident injured you, you may pursue fair compensation under the law. An Atlantic City car accident attorney can advise you of your legal options and guide you through the process. Contact the attorneys at Levin Firm today for more information about your legal options.
What are some common causes of Atlantic City car accidents?
Human error is one of the primary causes of car accidents. Unfortunately, we cannot control the actions of other drivers.
Some of the most common causes of car accidents in the United States include:
Speeding – According to the National Highway Traffic Safety Administration (NHTSA), speed is a primary factor in accidents in the United States. It is a major factor in approximately a third of all traffic fatalities. In a recent year, speeding killed 9,378 people. When caught, speeders make all kinds of excuses, such as “I’m late” or “I just wanted to see how fast the car could go.” Some drivers were exceeding the speed limit. In other cases, they were driving too fast for road conditions. Speeding drivers may lose control of the car or reduce the time they have to react to sudden changes in traffic.
Distracted driving – Distracted driving was a reported factor in 8.5 percent of fatal motor vehicle crashes. Two years before, 2,935 fatal distracted driving crashes took place. These accounted for 9 percent of all fatal crashes. Some crashes involved more than one distracted driver. Drivers who text while operating a vehicle are 23 times more likely to become involved in a car accident. New Jersey law prohibits the use of handheld devices while driving. Distraction can take many forms, such as eating, using the GPS, or changing radio stations—but it is always hazardous.
Driving while impaired – Driving under the influence of drugs or alcohol is a serious problem across the United States. Drunk driving crashes resulted in 10,511 fatalities in a recent year. Law enforcement agencies and others have worked to educate the public and reduce these accidents, but impaired driving still accounts for about 30 percent of all traffic fatalities.
Tailgating and aggressive driving – According to a survey, almost 20 percent of survey participants reported feelings of anger and aggression while driving. Some experienced anger every week, and 2.8 percent reported those same feelings every time they drive. Aggressive driving may consist of a driver honking the horn in anger, but it may be reckless driving such as tailgating or speeding. In some cases, the anger or frustration spills over into violence.
Drowsy driving – According to the National Sleep Foundation, about half of U.S. adult drivers say they sometimes drive when fatigued. Disturbingly, about 20 percent admit to falling asleep while driving sometime during the past year. Fatigue impairs driving performance, judgment, and reaction time. Drowsy drivers report drifting into another lane, onto the shoulder, or crossing the centerline. About one in ten fatigued drivers run off the road. Some drivers are not aware they are sleepy. Others experience microsleep, which only lasts a few seconds but can lead to a deadly crash.
Failure to yield – These accidents happen when turning left, in an uncontrolled intersection, at a flashing yellow or red light, or when a driver enters the street from a private driveway.
Vehicle defects – Defective vehicles and components can cause accidents and injuries in two different ways: when the defective vehicle is the actual cause of the crash, such as a tire blow out; or when the vehicle defect causes more accident injuries than they would have experienced otherwise, such as a seatbelt failure. If the crash involved vehicle defects, the manufacturer and others in the distribution chain might have liability.
What types of injuries do Atlantic City car accident victims suffer?
Almost any injury can happen in a car accident, but common types of injuries include:
- Whiplash – Accident victims often suffer from whiplash, which affects the neck, but may also affect the spine.
- Back and neck injuries – These tend to be very serious injuries, resulting in long-term or permanent disability.
- Head injuries – The victim’s head may strike the steering wheel or windows, resulting in facial cuts and bruises, but also in devastating traumatic brain injuries.
- Internal injuries – These injuries may also go undetected at first, but they can be serious and difficult to treat.
- Chest injuries – The impact may damage the victim’s ribs or internal organs.
- Lacerations and burns – Cuts and bruises are painful but may also cause disfiguring scars.
- Broken bones – Broken bones are common car accident injuries and may require surgery or other long-term treatment.
- Wrongful death – The family or heirs of someone killed in an accident might be eligible for compensation through a wrongful death lawsuit.
What are the insurance laws in Atlantic City?
New Jersey is a no-fault auto insurance state. This means that regardless of who is responsible for an auto accident, each driver will report the accident to and claim damages from their own insurance company.
If the other driver does not have insurance, it may complicate things. Your own insurance provider will cover initial costs, but if your injuries or damages are severe and exceed your policy limits, then you may need to go after the responsible driver with a third-party Atlantic City car accident lawsuit.
What does the term “negligence” mean?
The legal theory of negligence typically governs legal claims arising from motor vehicle accidents. The definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” To establish negligence, you need to prove “the existence of a legal duty that the defendant owed to the plaintiff, defendant’s breach of that duty, plaintiff’s sufferance of an injury, proof that defendant’s breach caused the injury.”
Who may be at fault for an Atlantic City car accident?
Sometimes it is difficult to determine who is at fault in a car accident, but it is a critical issue. There may be multiple parties that contributed to the accident, such as more than one driver. A defective vehicle or hazardous road conditions may be responsible.
The police report contains the initial facts of the accident, including the date and time of the accident, weather and road conditions, a diagram of the site, and a listing of vehicle damage. It would list contact information for those involved and any witnesses. However, the report may not include a determination of fault. Even if the official police report states who was at fault for a car accident, this does not automatically mean that the person will be liable for the accident in a lawsuit.
The victim must prove that the other party is at fault for the crash. For example, a negligent driver who did not cause the accident would not bear responsibility for the crash. Unlike criminal cases, the standard of proof for this type of lawsuit is “by a preponderance of the evidence.” Essentially, this means that the theory presented in your claim is more “likely than not.”
For more specific information about your potential legal claim, contact The Levin Firm today.
What Is the typical Atlantic City car accident lawsuit process?
The process begins when you file a summons and complaint in court. These documents are then served on the defendant. To prepare for the trial, both sides have an opportunity to find out about the other side’s legal claims and defenses. Your attorney would assemble a team of experts to help determine what happened, who was at fault, and the extent of the injuries. Once the trial begins, both sides present evidence, and the judge or jury rules.
The facts of every car accident are different. Many accident cases settle out of court. In these cases, the parties negotiate a settlement before trial. The courts also encourage alternative means of dispute resolution, such as arbitration or mediation, to resolve the case.
What types of compensation might be available in an Atlantic City car accident case?
Serious accidents can be economically and personally catastrophic. If you suffer injuries in a car accident through the fault of others, you may pursue compensation, known as damages, for the injuries that resulted. The amount of damages depends on many factors, including the circumstances of the accident and the extent and impact of the injuries. Therefore, you should keep copies of all medical and financial records related to your injuries.
Damages vary widely, but may include:
- The cost of current and future medical care
- Lost wages
- Lost or impaired ability to earn money in the future
- Pain and suffering
- Loss of enjoyment of life
- Property damages
- Inability to perform household tasks or other daily tasks
- Physical and mental or emotional pain and suffering
- Loss of consortium or companionship
- In some cases, punitive damages
How long do you have to file an Atlantic City car accident lawsuit?
If your injuries or costs exceed the compensation available through your insurance provider, then you may decide to file a lawsuit against the responsible driver. In New Jersey, in most cases, you have two years from the date of the accident to file a lawsuit. If this period passes, you may not seek compensation.
What should you do after an Atlantic City car accident?
- Get to safety. If possible, move to the side of the road or a safe area.
- You should always seek medical attention after an accident. Even if you do not feel injured, you may be in shock and not realize the extent of your injuries. Also, a medical record is essential evidence when you file an insurance claim or Atlantic City car accident lawsuit.
- Call 911. Even if it is a minor accident, call the police. The police can document the scene and file an accident report, which may be useful later. When the law enforcement officers arrive, answer their questions truthfully, but do not apologize or blame yourself. At this point, you may not fully understand what happened.
- In New Jersey, the law requires you to report an accident, and it is against the law to leave the scene of an accident. If there is significant damage or passenger injuries, it is best to report it right away. Otherwise, you have 10 days from the accident to report the incident to the state using the New Jersey Motor Vehicle Commission Motor Vehicle Accident Report.
- Exchange information. If possible, exchange contact and insurance information with the other driver. Information collected should include the full name and contact information, insurance company and policy number, driver’s license and license plate number, type, color, and model of vehicle, and location of the accident.
- Document the accident. If possible, take pictures from several angles, showing the damage to all vehicles, license plates, any traffic signs or signals, the scene of the accident, and surrounding debris.
- Try to avoid giving statements to anyone other than the police or discussing the question of fault with anyone until you have had an opportunity to speak with a lawyer.
- Call an Atlantic City car accident lawyer at the Levin Firm.
- Contact your insurer.
How can an Atlantic City car accident attorney help you?
Any car accident can leave you shocked and traumatized. Your car accident may involve complex legal issues. You may face mounting expenses while you cannot work—possibly all in addition to catastrophic injuries. Resolving the matter may be a long and difficult process, involving medical records, billing departments, and insurance companies. Car accident victims usually have many pressing questions. Who is at fault? How am I going to pay my medical bills? What if I can never work again? They need help to deal with their current and future needs.
A dedicated Atlantic City car accident attorney can review the circumstances of your accident and advise you of your options. If you or a loved one were injured in an Atlantic City car accident, contact the compassionate attorneys at the Levin Firm without delay. For more information or your free consultation, call us at (215) 825-5183 or contact us online.
If A Car Accident Injured You, Contact An Experienced Atlantic City Car Accident Lawyer
Atlantic City car accidents can overwhelm you, and if you were in one, you know how difficult that is. The law and insurance companies can make car accident claims complicated, but you are not alone. Allow the skilled legal team at The Levin Firm in Atlantic City to help navigate your claim toward its most positive resolution. Our experienced and dedicated car accident attorneys are here to help, so please contact our office online or call us at (215) 825-5183 to discuss a possible claim for free today.
The Levin Firm | Atlantic City Office
2 Convention Blvd, Atlantic City, NJ 08401