Car Accident Lawyer in New Jersey

Experienced Auto Accident Attorney Protecting Injured Victims

Car accidents are one of the most common causes of serious injury in New Jersey. Even crashes that appear minor can result in long-term medical problems, lost income, and permanent disability. Insurance companies begin working immediately after a crash to minimize payouts, often before victims understand the true extent of their injuries.

Our firm represents drivers, passengers, pedestrians, and families injured in motor vehicle accidents throughout New Jersey. We handle every stage of the case with one goal: maximizing compensation while protecting our clients’ rights.

Types of Car Accident Cases We Handle

• Rear-end collisions
• Intersection and T-bone accidents
• Multi-vehicle and highway crashes
• Head-on collisions
• Hit-and-run accidents
• Distracted driving accidents
• Drunk or drug-impaired driving crashes
• Speeding and reckless driving
• Uninsured and underinsured motorist claims
• Pedestrian and bicycle accidents
• Rideshare accidents (Uber and Lyft)

Common Causes of Car Accidents in New Jersey

Car accidents are frequently caused by negligence, including distracted driving, speeding, failure to yield, running red lights, impaired driving, fatigue, aggressive driving, and unsafe lane changes. Even a momentary lapse in judgment can have devastating consequences.

Common Injuries From Car Accidents

• Whiplash and soft tissue injuries
• Herniated or bulging discs
• Neck and back injuries
• Spinal cord injuries
• Traumatic brain injuries and concussions
• Broken bones and fractures
• Knee and ligament injuries
• Shoulder and rotator cuff injuries
• Facial injuries and scarring
• Internal injuries

New Jersey No-Fault Law and PIP Coverage

New Jersey is a no-fault insurance state. After a crash, injured parties typically seek medical benefits through their own Personal Injury Protection (PIP) coverage, regardless of fault. PIP covers medical treatment and some lost wages, but it does not compensate for pain and suffering.

When You Can Sue After a Car Accident

You may pursue a personal injury lawsuit if your injuries meet the serious injury threshold or if your insurance policy does not limit your right to sue. Serious injuries may include permanent injury, significant scarring, loss of a body part, displaced fractures, or death.

The Car Accident Lawsuit Process in New Jersey

1. Investigation and Case Evaluation 
We investigate the accident, review police reports, medical records, photographs, video footage, witness statements, and insurance policies to assess liability and damages.

2. Medical Treatment and Documentation 
Medical care must be complete and well-documented. Settling too early often undervalues a claim.

3. Insurance Negotiations 
We handle all communications and negotiations with insurance companies to prevent unfair pressure or low offers.

4. Filing the Lawsuit 
If necessary, a lawsuit is filed to preserve your rights and demonstrate trial readiness.

5. Discovery Phase 
Both sides exchange evidence, conduct depositions, and retain experts.

6. Motions, Mediation, and Settlement Conferences 
Courts may require mediation or settlement conferences before trial.

7. Trial 
If settlement is not reached, a judge or jury determines liability and damages.

Expanded Comparative Negligence in New Jersey

New Jersey follows a modified comparative negligence rule. An injured person may recover compensation as long as they are not more than 50% at fault. Any recovery is reduced by the percentage of fault assigned.

Insurance companies frequently attempt to exaggerate fault to reduce payouts. Even a small increase in fault can dramatically impact case value.

Example:
If damages equal $750,000 and fault is assigned at 20%, recovery is reduced to $600,000. At 51% fault, recovery is barred entirely.

Common fault allegations include speeding, distraction, unsafe lane changes, failure to brake, and seatbelt use. These claims must be aggressively challenged using evidence and expert testimony.

Seatbelt Defense in New Jersey

Insurance companies often argue that failure to wear a seatbelt contributed to injuries. While seatbelt use may be considered, it does not automatically bar recovery. This defense is frequently overstated and requires medical and biomechanical analysis.

Police Reports and Fault Errors

Police reports are influential but not determinative. Officers may arrive after the accident and rely on limited information. Errors in reports can be challenged through witness testimony, video evidence, and expert reconstruction.

Statute of Limitations for Car Accidents in New Jersey

In most cases, car accident lawsuits must be filed within two years from the date of the accident. Claims involving minors or government entities may have different deadlines. Missing the statute of limitations permanently bars recovery.

How Long Does a Car Accident Case Take?

Some cases resolve in months, while others take longer depending on injury severity, treatment duration, liability disputes, and court schedules. We work efficiently while ensuring claims are not rushed or undervalued.

Compensation Available

Car accident victims may recover compensation for medical expenses, future care, lost wages, loss of earning capacity, pain and suffering, permanent injury, disfigurement, emotional distress, and out-of-pocket expenses.

What To Do After a Car Accident

1. Call 911 and seek medical care
2. Obtain a police report
3. Take photos of the scene and vehicles
4. Exchange information with all parties
5. Gather witness contact information
6. Avoid recorded insurance statements
7. Contact a car accident lawyer promptly

Why Choose Our Firm

We bring deep knowledge of New Jersey auto accident law, aggressive negotiation with insurers, and trial-ready preparation. Insurance companies know which firms are willing to litigate—and that matters.

Free Consultation

If you or a loved one was injured in a car accident, contact our office for a free consultation. We will review your case, explain your rights, and guide you forward.

Car Accident FAQs – New Jersey

Law Office of Tara Breslow-Testa
Phone: 732-784-2880
Free Consultation Available

Do I have a car accident case in New Jersey?

You may have a valid car accident case if another driver caused or contributed to the crash and you suffered injuries, medical expenses, lost wages, or permanent harm. Even if fault is disputed or you believe you may be partially at fault, you may still be entitled to compensation under New Jersey law.

New Jersey is a no-fault state — what does that mean?

New Jersey follows a no-fault insurance system, meaning your own auto insurance typically pays for medical treatment through Personal Injury Protection (PIP), regardless of fault. No-fault does not mean you cannot sue. Lawsuits are permitted in cases involving serious or permanent injuries.

When can I sue after a car accident in New Jersey?

You may pursue a lawsuit if your injuries are permanent or serious, or if you selected an insurance policy without the limitation on lawsuit option. Serious injuries may include permanent injury, significant scarring, loss of a body part, displaced fractures, or death.

What if the accident was partly my fault?

New Jersey follows a modified comparative negligence rule. You may recover compensation if you are less than 51% at fault. Your recovery is reduced by your percentage of fault. Insurance companies often exaggerate fault to reduce payouts.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own uninsured or underinsured motorist coverage. These claims are often aggressively disputed and should be handled carefully.

How long do I have to file a car accident lawsuit in New Jersey?

In most cases, the statute of limitations is two years from the date of the accident. Different deadlines may apply for minors or claims involving government entities. Missing the deadline permanently bars recovery.

What is my car accident case worth?

Case value depends on injury severity, medical treatment, permanency, lost wages, pain and suffering, liability, and available insurance coverage. There is no fixed formula, and early settlement offers are often far below true value.

Should I give a recorded statement to the insurance company?

No. Insurance adjusters often ask questions designed to shift blame or minimize injuries. You are not required to give a recorded statement to the other driver’s insurer without legal guidance.

What if I didn’t go to the hospital right away?

Delayed treatment does not automatically bar a claim, but insurers may argue the injuries were not serious. Prompt medical evaluation strengthens your case.

What if the police report is wrong?

Police reports are important but not binding. Errors can be challenged using witness testimony, video footage, accident reconstruction, and vehicle damage analysis.

Will my case go to trial?

Most car accident cases settle before trial. However, cases prepared for trial typically resolve for higher amounts because insurers know which firms are willing to litigate.

How long does a car accident case take?

Some cases resolve in months, while others take longer depending on injury severity, treatment duration, liability disputes, insurance resistance, and court schedules.

How much does it cost to hire a car accident lawyer?

Most personal injury cases are handled on a contingency fee basis, meaning there are no upfront legal fees and no fee unless compensation is recovered.

What should I do after a car accident?

Seek medical attention, obtain a police report, take photos and gather evidence, avoid insurance statements, and contact a car accident attorney promptly.

Contact Our Office

Law Office of Tara Breslow-Testa
Phone: 732-784-2880

If you were injured in a car accident, do not rely on insurance company advice. Contact our office today to schedule a free consultation and protect your rights.