Defendant's Attorney: Jeffrey All Payne

Description: Newark, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.

This case was filed in the Superior Court, Essex County, ESX-L-002553-21, and was removed to federal court by the Defendants.

New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:

Duty of Care:

Every driver has a legal duty to act with reasonable care towards other drivers, passengers, and pedestrians. This includes obeying traffic laws, maintaining a safe speed, and being alert and avoiding distractions.

Breach of Duty:

A driver breaches their duty of care when they behave in a negligent manner, such as:
Speeding
Distracted driving (cell phone use, eating, etc.)
Driving under the influence of alcohol or drugs
Ignoring traffic signals or signs
Following too closely
Reckless driving

Causation:

The driver's breach of duty must have directly caused the accident and resulting injuries. There must be a clear link between the negligence and the harm suffered.

Damages:

If negligence is proven, the injured party can recover damages for:
Medical expenses
Lost wages or income
Pain and suffering
Emotional distress
Property damage

Comparative Negligence:

As mentioned earlier, New Jersey follows a pure comparative negligence system. This means that even if the injured party contributed to the accident by their own negligence, they can still recover damages. However, their damages will be reduced in proportion to their own fault.
For example, if the injured party was found to be 30% at fault for the accident, their damages would be reduced by 30%.

Other Important Points:

New Jersey has a limited verbal threshold for pain and suffering damages. This means that unless the injuries meet certain criteria (e.g., permanent injuries or significant scarring), the injured party can only recover economic damages (medical bills, lost wages) and nominal damages for pain and suffering.
New Jersey requires all drivers to carry no-fault insurance, which covers medical expenses regardless of who was at fault in the accident. However, to recover non-economic damages (pain and suffering), the injured party must meet the threshold criteria mentioned above.
It's always advisable to consult with a qualified legal professional if you have been involved in a car accident, even if the injuries seem minor. They can help you navigate the legal process and fight for the compensation you deserve.

Additional Resources:

New Jersey Division of Motor Vehicles: https://www.nj.gov/mvc/
New Jersey Courts: https://www.njcourts.gov/
New Jersey Bar Association: https://njsba.com/

Outcome: 12/07/2023 50 ORDER OF DISMISSAL with Prejudice, and without costs. Signed by Judge Julien Xavier Neals on 12/7/2023. (Notice of Mail) (dam) Modified on 12/7/2023 (dam). (Entered: 12/07/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: