Bergen County Rear-End Collision Lawyers
You’ve stopped at a stop light in Bergen County, or perhaps a child or animal darts into your path and you must quickly apply your brakes. If the driver behind you is not careful, a rear-end collision is likely to happen. Although commonplace, any rear-end collision in Bergen County has the potential to cause you and any family or passengers traveling with your serious injuries that can require weeks or months of recuperation and/or result in permanent limitations and disability.
The frequency with which rear-end collisions occur on the streets and highways throughout Bergen County does not excuse drivers from exercising reasonable care and caution behind the wheel. Drivers who do not do so and who cause a rear-end collision to occur can be sued in a Bergen County rear-end collision lawsuit and be held responsible for the financial and other costs associated with the rear-end crash. The road to recovering such compensation can be long for rear-end crash victims, but this road can be more easily traversed with an experienced, knowledgeable guide such as Aretsky Law Group, P.C..
Legal Principles Applicable in Bergen County Rear-End Collisions
Obtaining financial compensation for your medical bills, lost wages, and pain and suffering after a rear-end collision depends upon your ability to collect and present evidence and/or the testimony of one or more witnesses showing that certain factual propositions or elements exist. A judge or jury will need to believe the existence of each of the following propositions is more likely than not true (in other words, each of the following propositions is true by a preponderance of the evidence):
- The driver of the car that rear-ended yours owed you a legal duty to drive his or her vehicle in a reasonable, careful manner. New Jersey law clearly imposes this duty on all motorists, so this proposition is rarely the subject of much litigation.
- The driver of the car that rear-ended yours breached this legal duty by driving in a careless or negligent manner. Examples of actions or behaviors that can be considered careless or negligent include:
- Following another vehicle too closely;
- Driving while distracted or while texting;
- Driving under the influence of alcohol and/or drugs;
- Speeding or disregarding traffic laws, signs, and/or
- Other actions that a reasonable and prudent driver would not commit.
- The driver’s careless and negligent behavior was the predominant legal cause of the rear-end collision. Simply put, if the rear-end collision would likely have happened regardless of the other driver’s actions, then your lawsuit may not be successful. Even if your own carelessness contributed to the rear-end collision (i.e., you stopped suddenly and without reason), you may still be able to recover compensation
In addition, an injury victim in a Bergen County rear-end collision must also present evidence and/or testimony establishing the propriety of any amount of compensation requested. A bill from a hospital can be evidence of medical expenses incurred, or a timesheet showing days missed from work can help establish the amount of lost wages suffered. While economic losses such as these are generally easy to prove, establishing the amount of compensation you need for your mental pain and anguish or loss of enjoyment of life can be more difficult.
While Bergen County rear-end collision victims are legally permitted to represent their own interests and bring a lawsuit themselves, this course of action is ill-advised and fraught with peril. Unless you know the legal steps necessary to preserve important evidence, compel witnesses to appear and testify, or how to respond to legal attacks against the sufficiency of your case, you will find yourself at a serious disadvantage proceeding with your case without an attorney’s assistance.
How Long Should I Wait Before Filing My Bergen County Rear-End Car Crash Lawsuit?
New Jersey Statutes Section 2A:14-2(a) gives individuals injured in a rear-end car wreck two years from the date of their crashes within which to file their lawsuits. This is not much time considering the scope of the investigation – determining who is at fault in the rear-end collision, how the rear-end collision came about, and what evidence and/or testimony is available, among other tasks – necessary in order to provide the greatest opportunity for success.
Once this two-year period (called the statute of limitations) has passed, it is usually impossible for the rear-end car crash injury victim to thereafter succeed in his or her pursuit for compensation. Courts will generally order a rear-end car wreck lawsuit dismissed if the injured party attempts to file the case after the two-year statute of limitations has passed.
Contact Your Bergen County Car Crash Attorneys Today
Aretsky Law Group, P.C. is here to assist you and your family in obtaining compensation for your injuries following a rear-end car collision in Bergen County. Call our experienced and dedicated firm today at 1-800-537-4154.