Operating a motor vehicle may seem like second nature, and for many of us it is. However, even small cars are heavy pieces of machinery capable of producing extreme force if not handled responsibly. When we travel on local New Jersey roadways, we are not only responsible for our own safety, but for the safety of our fellow travelers as well. Negligent drivers are individuals who fail to responsibly and legally operate their vehicle, often leading to injurious crashes.
At The Law Office of Fredson & Statmore, our personal injury attorneys have over 50 years of combined legal experience serving local clients who have been injured in accidents caused by the negligence of other drivers. We take pride in protecting the legal freedoms and recovering full and fair compensation to which our clients are entitled through personal injury claims. Lean on the experience we have cultivated through winning successful verdicts and settlements for clients in Passaic County and Essex County towns including Wayne, Clifton, Bloomfield, Paterson, West Milford, Little Falls, Woodland Park, and the surrounding communities.
Call our office today for a free and confidential consultation if you or a loved one has been injured in a car accident, truck accident, bus accident, bicycle accident, pedestrian accident, or any other accident caused by a negligent or reckless driver.
Operating a motor vehicle in an irresponsible way which could potentially lead to accidents and endangerment of other drivers or pedestrians is considered legally negligent. It is not necessary that the driver intended to be harmful, but that they failed to safely and lawfully driver their vehicle. Examples of negligent driving which can lead to auto accidents include:
Pursuant to New Jersey Revised Statutes Section 38:4-96 – Reckless driving, an individual may be found guilty of reckless driving when he or she “drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property…” In other words if a driver acts in such a way that intentionally or willfully endangers passengers or other travelers, that may be considered reckless driving.
In terms of personal injury claims, there is not much difference between negligence and recklessness, as we must only find that another party acted negligently in order to form a strong claim. However, in the case where an individual has been charged with or even convicted of reckless driving, that is a slam dunk in terms of finding fault for your injurious accident and may effect your settlement as we discuss below.
New Jersey personal injury claims are governed by comparative negligence statutes, which means that fault is assigned on a sliding scale. So finding that the party responsible for your accident behaved recklessly rather than negligently can positively impact your net compensation by assigned that at fault individual and even greater percentage of the fault.
For example, let’s say you were making a phone call without a hands free device at the time of your accident. As this is unlawful pursuant to state law, you may be held partially liable for the auto accident even if you were otherwise operating your motor vehicle responsibly.
If the other driver was speeding, they may be assigned 60 percent fault for your accident, while you were assigned 40 percent. This limits the compensation to which you are entitled.
If, however, the other driving was speeding and driving recklessly and endangering other travelers, that driver may be found to be 90 percent at fault, which effectively raises the compensation you may earn by 1.5 times.
The personal injury advocates of Fredson & Statmore are led by a partner who is amongst just 2 percent of in state lawyers to earn the honor of New Jersey Supreme Court Certified Civil Trial Attorney. Our firm takes pride in aggressively seeking financial compensation for clients injured in auto accidents as we have done for decades throughout our local communities including Clifton, Wayne, Bloomfield, Paterson, West Milford, Little Falls, Woodland Park, and the greater Passaic County and Essex County area.
If you or a loved one has suffered injuries due to the reckless or negligent driving of another party, contact us online or call our Clifton offices by dialing (973) 771-5259 today for a free and confidential consultation regarding a potential personal injury claim.