Car Accident Reconstruction After a New Jersey Accident

Reviewed by Daniel P. McNerney

Car accident reconstruction is performed by an expert in order to prove fault in a car accident lawsuit. Read on to learn more about accident reconstruction, how car accidents in New Jersey happen, the steps you should take if you are involved, and how to navigate conversations with insurance companies when pursuing a personal injury claim against the negligent party.

What is Accident Reconstruction?

Car accident reconstruction involves an expert examining the details of the accident in order to determine the events that led up to the accident and how it occurred. There are various methods used to do so, including the following:

• Visiting the scene of the accident
• Inspecting the damage done to all vehicles
• Reviewing any medical records of the injured parties
• Studying the police report
• Examining pictures/videos of the accident/scene
• Interviewing witnesses
• Studying debris, point of impact, skid marks, etc

This can have a large impact on a personal injury case.

Who Needs a Car Accident Reconstruction Expert?

Not all car accident cases require reconstruction, but there are situations in which injured parties can benefit greatly. This includes those who are facing the following circumstances:

• They do not remember how the accident happened
• There are few or no witnesses
• The vehicles are totaled and cannot be repaired
• It is complicated to prove liability
• Victims suffered severe injuries or died
• Pieces of important evidence are missing

How Can Accident Reconstruction Help Your Personal Injury Case?

Through car accident reconstruction, an expert can study the case and rebuild the scene in order to uncover a variety of details about the accident and how it happened. This can include the following:

• The vehicle speeds and movements
• The crash scene physics
• The accident sequence of events
• The vehicle positions
• The magnitude of impact
• If those involved were wearing seat belts
• If visibility was an issue, and why
• If vehicle lights were used
• Steering angles
• If brakes were used leading up to the crash
• If a vehicle accelerated before the collision
• If the engine indicator lights went on
• If cruise control was engaged

What are the Leading Causes of Car Accidents in Bergen County?

Unfortunately, as distracted driving, drunk driving, and other forms of negligence are on the rise, it is more important now than ever for drivers to take precautions when on the road. However, wearing your seatbelt, adhering to the posted speed limit, and following all traffic signs may not be enough, as other negligent drivers on the road can cause collisions. Some of the most frequent types of driver negligence include texting while driving, speeding, and driving under the influence of drugs or alcohol. When driver error is complex or disputed, accident reconstruction becomes critical to uncovering the truth. Under New Jersey Administrative Code Title 13, specific technical documentation regarding vehicle speeds and points of impact must align closely with municipal accident records to satisfy administrative standards.

What Steps Should I Take Immediately Following a New Jersey Auto Accident?

Being involved in a car accident in Bergen County, or anywhere in New Jersey, for that matter, can be incredibly overwhelming. However, taking the appropriate steps following an accident can help strengthen your legal claim, should you choose to pursue one.

Immediate Evidence Collection Steps to Take

• Calling the police is imperative, as this can help ensure a formal report is filed, traffic around the scene is controlled, and medical assistance can arrive at the scene to evaluate injuries that may have occurred.
• Exchange insurance and contact information with the other driver(s) involved in the collision
• Take photos and videos of the accident scene, including the damage to all vehicles involved, your visible injuries, road conditions, traffic signs, and any other relevant factors.
• Gather the names and contact information of any witnesses who saw the acciden occur, as they can help corroborate your claims
• Obtain immediate medical attention, even if you feel okay or injuries seem minor, as many injuries, including internal organ damage and traumatic brain injuries, may not immediately appear. Additionally, establishing immediate medical attention can help create a link between the accident and your injuries.
• Contact an experienced personal injury attorney as soon as possible to discuss your legal options. Additionally, an attorney can help you recover important evidence, including surveillance footage of the accident from nearby homes or businesses, when available.

How to Safely Handle Insurance Adjusters and Avoid Common Tactics

When you are involved in a car accident in New Jersey, you are generally eligible to seek compensation for the damages you have suffered. Though New Jersey is a no-fault accident state, meaning you must first file a claim through your own Personal Injury Protection (PIP) insurance, your damages may exceed your policy limits. As such, you may need to speak with the other party’s insurance company. Unfortunately, this means you will have to deal with insurance adjusters who are looking to reduce your claim and compensation by any means necessary. As such, you should be on the lookout for the most common tactics, including:

• Lowball offers: Unfortunately, insurance adjusters know many accident victims often face astronomical medical bills, meaning they often extend initial settlement offers that are substantially lower than the true value of their claim. This is done knowing many victims wish to seek immediate financial relief. As such, you generally should not accept a first-offer settlement.
• Ignoring you: If you do not accept their first offer, the insurance company may try to delay or ignore you in the hopes that the statute of limitations will pass. The statute of limitations for most personal injury claims in New Jersey, including car accident claims, is two years from the date on which the accident occurred. Failure to file within the deadline can result in a bar on your ability to pursue damages, even if negligence and injuries are obvious. This timing restriction is codified strictly under New Jersey Statutes Annotated § 2A:14-2.
• Downplaying or denying injuries: Because New Jersey is a comparative negligence state, many insurance adjusters will attempt to downplay or deny injuries as a means of reducing the compensation you are owed. As such, it is imperative to ensure you keep copies of all medical records, including treatment plans, physician notes, and prescription records. Additionally, you should carefully adhere to the medical advice of your provider, as deviations can lead to disputes regarding the severity of your injuries. Pursuant to N.J.S.A. § 2A:15-5.1, any contributory negligence on your part will diminish your financial recovery proportionately, provided your negligence does not exceed 50%.
• Tricky questions: Insurance adjusters tend to ask purposely misleading questions to twist your words and avoid paying out. As such, you should avoid providing recorded statements or signing documents without first consulting an experienced Bergen County personal injury attorney to help you through this process.

If you or a loved one has been injured in a car accident, contact our experienced firm to speak with a dedicated personal injury attorney right away.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.