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New Jersey Car Accidents – Should I Sue the At-Fault Driver? (Part 2)

Philip Ciprietti, NJ Car & Truck Accident Lawyer

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A common issue many injured NJ drivers, passengers and pedestrians consider after motor vehicle accidents is whether they should pursue lawsuits against the at-fault drivers. Part 1 of this article discussed a scenario where a car accident victim with minimal injuries may not want to file a NJ motor vehicle accident lawsuit even though liability is clear. Part 2 of this article will discuss a scenario where an injured NJ car accident victim may want to pursue a lawsuit after sustaining catastrophic injuries, but liability may not be clear.

NJ Turnpike car accident - Marlton car injury lawyer

Driver A and Driver B are traveling on the New Jersey Turnpike near Burlington County, NJ. There are 3 lanes. Driver A is driving in the outside lane closest to the shoulder. Driver B is driving in the inner lane closest to the highway concrete barrier/divider. Both drivers want to change lanes and move to the middle lane. They both change lanes at the same time and collide into each other. As a result, Driver B’s car hits the concrete barrier and flips over. Driver B sustains catastrophic injuries including multiple displaced bone fractures throughout his body, i.e., ribs, legs and arms. In addition, he sustains a traumatic brain injury.

Driver B has limitation on lawsuit or verbal threshold on his car insurance policy. This means that Driver B cannot sue another driver for pain and suffering if he is injured in a car accident unless his injuries fall under certain injury categories.

In this situation, despite the fact that Driver B has limitation on lawsuit, his injuries allow him to file a NJ car accident lawsuit against Driver A. For a detailed discussion on limitation on lawsuit and types of injuries that overcome the limitation, see New Jersey Car Accidents & Verbal Threshold – Can Injured Car Accident Victims Recover Damages?

Should Driver B pursue a NJ car accident lawsuit in this situation even though he may also be at fault? The answer is probably yes. Even though he may also be partially at fault for causing the car accident, he can still recover financially for his injuries so long as his percentage of fault is not greater than the other driver’s percentage of fault. Because Driver B’s injuries are catastrophic and life changing, his damages are not minimal. If Driver B is awarded $300,000 at trial, but found 30% at fault, his award would be reduced by 30%. Instead of $300,000, Driver B’s award would be reduced to $210,000. See Comparative Negligence- What Does it Have to do with NJ Car Accidents?

Injured in a NJ Car Accident? Call Philip T. Ciprietti, Esq. to schedule a FREE case evaluation. Mr. Ciprietti is an experienced NJ car accident lawyer and has helped many injured drivers and passengers in NJ. 800.281.8695

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