10 Personal Injury and Accident Laws in New Jersey You Must Be Aware Of

In New Jersey, the law sets out the duties and obligations one must meet if one gets involved in or contributes to an accident that results in personal injury. These laws are in place to protect you and the other individuals or entities involved and to ensure that the accident is handled in a fair and orderly fashion.

Know These New Jersey Laws

Here are the laws about personal injury in New Jersey that every citizen must be aware of:

  1. Statute of limitations. In most accident cases, you have two years from the date of the accident to file a personal injury lawsuit with the help of your New Jersey accident lawyer. If you do not file within this time frame, you will be unable to seek compensation for your injuries.
  2. The duty to stop and render aid (statute, 2C:12-1.2). This law requires that if you are ever involved in an accident on the road, you must stop your vehicle at the scene of the accident and render aid to any injured parties. If you do not stop, you could be charged with a hit and run, and even a competent accident lawyer in New Jersey will have a hard time defending you for that.
  3. The duty to exchange information. If you get involved in an accident, especially a vehicular accident, you have an obligation must exchange your name, address, and insurance information with the other individuals involved in that accident or any other party with reasonable grounds to ask for that information. If you do not exchange this information, you could be charged with a failure to exchange information.
  4. The duty to report the accident (Statutes section 39:4-130). Under this law, if you were involved in a motor vehicle accident that caused death, injury, or property damage exceeding $500, you must report the accident to the police “as quickly as possible.” You must also fill out a “Self-Reporting Crash” form and report the incident in writing within ten days of the accident. If you do not report the accident, you could be charged with a failure to report an accident. As experienced New Jersey accident lawyers, we advise our clients to report the accident to law enforcement personnel immediately.
  5. New Jersey is a “no-fault” state. Being a no-fault state, the law in New Jersey requires that your insurance company pays for your medical bills and lost wages regardless of who was at fault for the accident. If you do not have insurance, you could be responsible for paying these expenses yourself.
  6. The comparative negligence law (Statutes section 2A:15-5.2). New Jersey follows the “modified comparative fault” rule, which states that you will be awarded damages in proportion to how much you were at fault in causing the accident. In addition, under the modified comparative fault rule, you will also be unable to recover any damages from the defendants if your fault in causing the accident was more than 50%.

This law is in place to protect drivers from being unfairly sued. However, sometimes this law is misused by people involved in an accident or their lawyers to stop individuals they have hurt or whose property they have damaged from getting compensated. In such cases, you will require an experienced accident attorney in New Jersey by your side to get the compensation you are entitled to.

  1. The uninsured and underinsured motorist coverage law. Under this law, you must purchase uninsured and underinsured motorist coverage while purchasing a car insurance policy. Once you have purchased your car accident policy, your insurance company will pay for your damages if an uninsured driver hits you. If you do not have this insurance, you could be responsible for paying these expenses yourself or will need the guidance of an expert New Jersey accident lawyer to claim damages and get compensated.
  2. The workers’ compensation law. In the state of New Jersey, workers’ compensation laws are designed to protect employees who are injured or become ill as a result of their job. These laws require employers through their insurers to provide coverage for medical expenses and lost wages, and they also prohibit employers from retaliating against employees who file a claim.
  3. The premises liability law. In the state of New Jersey, premises liability is the legal responsibility that a property owner has to keep their property safe for visitors. This includes ensuring that the property is free from hazards and that visitors are aware of potential dangers. If a property owner fails to do this and someone is injured as a result, the property owner may be held liable.
  4. The product liability law. Product liability is the legal responsibility of a manufacturer or seller of a product for any damages or injuries caused by that product. In New Jersey, product liability claims are governed by the state’s Product Liability Act (N.J.S. 2A:58C-1 thru 7), which sets forth the requirements for bringing such a claim.

Under the Act, a product liability claim can be brought against a manufacturer or seller of a product if the product is defective and causes injury or damage. Three types of defects can give rise to a claim: design defects, manufacturing defects, and defects in warnings or instructions.

These are just a few of the laws you must be aware of if you are involved in an accident in New Jersey. However, it is important that you consult with an experienced New Jersey accident lawyer to ensure that you understand all the laws that apply to your case.

Contact a Personal Injury Lawyer Today

If you or a loved one has been injured in an accident, you need an experienced personal injury lawyer in New Jersey to fight for your rights. Call the Law Office of James W. Taylor, Jr. at 201-418-0143 for a FREE consultation. We will fight to get you the compensation you deserve.