Despite suffering more than 500 road fatalities per year, New Jersey roads are among the nation’s safest. If you have been injured in a New Jersey vehicle accident, however, or if your loved one has been killed in one, encouraging statistics will be of little comfort. Fortunately, New Jersey auto accident law provides a remedy when the other driver is at fault.
Statute of Limitations: In New Jersey you have two years from the date of a traffic accident to file a personal injury lawsuit, and six years to file a property damage lawsuit (you can combine these two lawsuits as long as you meet the two-year deadline). If you are filing a wrongful death lawsuit, you have two years from the date of the victim’s death to file a lawsuit.
When the Victim is Partly at Fault: In many car wrecks both drivers are at fault. If you were partly at fault, a New Jersey court will assigned you a percentage of fault. As long as you were no more than 50 percent at fault, your percentage of fault will be deducted from your damages on a pro-rata basis. If you were more than 50 percent at fault, however, you will recover nothing.
Fault/No Fault Rule: New Jersey is a “no- fault” auto insurance state. If you purchased no-fault insurance, you must look first to your own insurance company to compensate you for a car accident, regardless of whose fault it was. There are only three ways out of the no-fault system – you must have purchased “fault” insurance before the accident, your injury must be “serious” as defined under New Jersey law, or your damages must exceed your own insurance policy limits. Only then can you file a lawsuit or pursue a claim against the other driver’s insurance policy.
Minimum Insurance Coverage: New Jersey requires its drivers to purchase auto accident insurance with minimum coverage of $15,000 per victim for personal injury, $30,000 personal injury per accident, and $5,000 for property damage.
Uninsured/Underinsured Drivers Coverage: New Jersey requires its drivers to purchase uninsured/underinsured motorist coverage with minimum limits of 15,000 per victim for personal injury, $30,000 personal injury per accident and $5,000 for property damage.
Types of Damages Available: Punitive damages must be established by “clear and convincing evidence” and is limited to the greater of five times compensatory damages or $350,000. This cap does not apply to DUI-related injuries or deaths.
Product Liability for Defective Vehicles: Strict product liability is available. The design of a vehicle is considered “safe” if its utility outweighs its risk, or if no feasible alternative design was available. You can also sue for manufacturing and warning defects.
Suing the Government over Defective Roadways (Sovereign Immunity): The state government cannot be sued for money damages for crime, fraud, malice or willful misconduct on the part of its employees.
Motorcycle Helmet Laws: All riders must wear helmets.
Seat Belt Laws: Seat belts are required, but the violation is secondary for rear seats – the officer must stop you for another infraction first. The maximum first-offense fine is $46.
Dram Shop Law: Both licensed alcohol vendors and social hosts face civil liability for serving alcohol to a minor under 21 whose intoxication later injures someone (in a DUI accident, for example). Both vendors and social hosts face limited liability for serving obviously intoxicated adults.
DUI/DWI Penalties (first offense): A first-offense DUI in New Jersey can result in up to 30 days in jail, a fine of between $200 and $500, and a driver’s license suspension of three months to one year.
Distracted Driving (texting while driving, etc.): New Jersey bans texting while driving and the use of hand-held devices. Cell phone use is banned for on-duty school bus drivers and for drivers on Permit or Provisional driver’s licenses.
