A 35-year-old man is dead after being ejected from a vehicle in a car crash that occurred in Upper Deerfield Township earlier this week. The accident took place between a Nissan Maxima and a large van carrying 15 passengers. According to officers, a witness saw the driver of the van ignore a stop sign and drive into an intersection, causing it to collide with the Nissan Maxima. It is unclear which vehicle the man who was killed was ejected from, but the drivers of both vehicles and all 15 passengers on the van were transported to hospitals. The passengers of the van were described as having non-life-threatening injuries. The police have not provided any details on whether the driver of the van will face criminal charges for the accident, and it is presumed that the investigation into the accident is ongoing at this time. There have been no further updates on the condition of those being treated for injuries, and the identity of the 35-year-old man who was killed in the accident has not been released.
Establishing Negligence in Vehicle Accidents
In order to bring a lawsuit for injuries sustained in a car accident, you must be able to show that the other party was negligent in causing your injuries. Negligence occurs when a driver breaches the duty of reasonable care that they owe to all other people on the road. This can happen because they are drowsy or distracted, or because they are breaking traffic laws or driving under the influence of drugs or alcohol. In the case above, the police stated that the driver of the van ignored a stop sign by failing to come to a stop and instead proceeded into the intersection, resulting in an accident.
In cases where a driver breaks traffic laws, such as by speeding or ignoring a stop sign, they are said to be negligent per se. This means that instead of having to prove that they were negligent and that their negligence caused your injury, you will only have to show that you were injured because negligence is presumed. Using the above case as an example, the driver of the van would be negligent per se if it is true that he ignored the stop sign. This is because he broke the law by failing to stop at the stop sign, and as a result, he caused the exact kind of injury that that law was designed to prevent. For that reason, his negligence is presumed to be the cause of any resultant harm.
Can I Sue the Driver of a Car in Which I Was a Passenger?
Drivers have a duty of reasonable care to everyone on the road, and that includes the people in their cars. If you suffer injuries because the person driving you acted negligently, you can hold them accountable for your injuries just as the driver or passenger of another vehicle could. This means that any of the injured passengers in the van could potentially bring a personal injury lawsuit against the driver of the van, and potentially the driver’s employer, if their negligence led to their injuries. They would have to be able to show that their injuries resulted in both physical and financial harm. This can usually be established with medical bills as well as evidence of other expenses or costs, such as lost wages due to being unable to work on account of your injuries.
Suing for Car Accident Injuries
Car accidents can be catastrophic when it comes to physical and financial injuries. For many people, bringing a personal injury lawsuit allows them to recover financially from an injury that they did not cause or expect. A personal injury lawsuit allows you to recover compensation for all costs and expenses incurred as a result of the accident, as well as for pain and suffering caused by the accident. The higher your medical expenses, and the more permanent and severe your injury, the higher your damages will be. Talk to a lawyer to get an estimate of the value of your claim.
Schedule a Consultation with Smith & Williams Law Firm, LLC
If you have been injured in a New Jersey vehicle collision that was not your fault, you should not have to bear the burden alone. Our lawyers can help. Contact Smith & Williams Law Firm, LLC, today, to schedule a consultation and find out how we can help you get the maximum settlement to which you are entitled.