New Jersey Fatal Car Accident Lawyer

Why Choose Our Fatal Car Accident Attorney in New Jersey?

A car accident is a terrifying experience, causing trauma for the entire family. When a loved one dies in a fatal car accident in New Jersey or elsewhere, the grief and anguish close surviving family members experience are overwhelming, with adverse emotional and financial impacts on loved ones. No one can bring your loved one back or assuage the pain of loss, but a car accident attorney in New Jersey can help your family move forward with fewer financial concerns and a sense of justice for your loved one.

What Is a Wrongful Death In New Jersey?

When someone else’s negligent or reckless action behind the wheel causes a devastating car accident, they are responsible for the damages to those harmed. If the accident results in a fatality, the New Jersey civil court considers it a wrongful death. Under New Jersey  N.J.S.A. § 2A:31-1, the law states the following:

“When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to a crime.”

In other words, if the circumstances of the death would have allowed the decedent to have pursued a car accident personal injury claim had they survived the accident, close family members may seek compensation through a New Jersey car accident wrongful death claim.

Who Can File a Wrongful Death Claim After a Fatal Car Accident In New Jersey?

Sudden death in a family can have ripple effects throughout all aspects of their lives, including adverse economic impacts, especially if the loved one was a family provider or the family member who cared for the home and children. In New Jersey, it’s typically the closest surviving family member like a spouse, adult child, or parent who recovers compensation through a wrongful death claim in New Jersey. They do this through the executor of the decedent’s will who files the claim. Often the personal representative is a spouse, sibling, or other close relative or trusted friend named by the decedent. If the deceased family member did not leave a will or estate plan, the court will name a representative to file the claim.

Common Causes of Fatal Car Accidents In New Jersey

Unfortunately, car accidents are not uncommon in New Jersey. There were 236,702 car crashes in New Jersey in 2022—the most recent year with fully analyzed data. New Jersey’s often confusing intersections, inadequately maintained roadways, and inclement weather cause or contribute to some fatal car accidents in New Jersey; however, driver error or recklessness is the most common reason that accidents occur, including the following common causes of car accidents include the following:

• Speeding
• Distracted driving
• Aggressive driving
• Tailgating
• Failure to yield the right of way
• Unsafe lane changes
• Improper merging
• Impaired driving

Defective auto parts, tire blowouts, and mechanical failures also cause or contribute to some car accidents, including fatal car accidents in New Jersey and elsewhere.

What Are the Most Common Types of Fatal Car Accidents In New Jersey?

Single-vehicle accidents involving collisions with obstacles, roadway departures, and rollovers cause a significant number of fatal car accidents; however, two-car collisions are the most common type of car accident, including those with fatal injuries. Data from the National Safety Council reveals the most common fatal car accidents nationwide, including in New Jersey:

• T-bone accidents (angle collisions) caused about 8,800 car accident deaths in the U.S. in 2022
• Head-on collisions caused about 5,800 fatalities
• Rear-end collisions caused about 3,400 deaths
• Sideswipe accidents caused about 1,600 deaths

After a fatal car accident in New Jersey, compensation typically comes from the at-fault driver’s insurance. Despite the state’s no-fault insurance laws, an accident victim or the personal representative of a fatally injured car accident victim in New Jersey may file a claim against a negligent, reckless, or impaired driver if the accident resulted in catastrophic injury or death.

Proving Liability In a New Jersey Fatal Car Accident Claim

When drivers share the roadways with other motorists, they have a legal obligation to follow traffic laws and avoid distractions. In civil court, this responsibility is known as the duty of care. Proving liability for damages in a car accident requires showing evidence of the following:

• That the at-fault party owed a duty of care to others on the roadway
• They breached this duty through an act of negligence
• Their breach of duty directly caused the accident and injuries or fatality
• The injury victim and/or their family suffered economic and non-economic damages

After a fatal car accident, the claimant has the burden of proving liability through a preponderance of evidence. Typically, a car accident attorney investigates the accident on behalf of the family and documents compelling evidence for a claim to recover damages.

What Damages Can I Recover in a New Jersey Fatal Car Accident Wrongful Death Claim?

When a beloved family member dies suddenly in a car accident, the emotional trauma feels all-consuming. Before long; however, many families also face financial hardship associated with the death, compounding the distress. A wrongful death claim after a New Jersey car accident brings compensation for common damages such as the following:

• Medical expenses if the decedent had medical care before their death
• Funeral and burial expenses
• Lost wages for a spouse or parent who took time away from work
• The lost income from the earning years the decedent would have had left to them had they not perished
• Lost benefits such as health insurance and retirement contributions
• The loss of household services
• Loss of consortium (a physical and emotional relationship with a loved one)
• Loss of a parent’s guidance and support

Compensation for grief and anguish isn’t available in wrongful death claims in New Jersey, but in some cases, a close family member may gain compensation for emotional distress if they were in the car with the loved one when they died.

How Can a New Jersey Fatal Car Accident Lawyer Help?

The last thing a grieving family wants to do during the days and weeks after a loved one’s death is deal with a complex legal claim, but recovering compensation after a fatal car accident is essential for many families so they can move forward. Call the New Jersey injury attorneys at Grungo Law for experienced representation in this emotionally and legally difficult type of claim.