Category: Car Accident

When a car accident occurs, one of the first questions many people have is how long they have to file a lawsuit. The statute of limitations sets a deadline for taking legal action, and missing that window can prevent recovery of compensation for personal injury or property damage. This timeline varies by state and by the type of claim, making it important to recognize how it applies to car accident cases.

How Long Do I Have to File a Car Accident Lawsuit in Cherry Hill?

In most states, personal injury claims from a car accident must be filed within two to three years from the date of the crash. Some states provide shorter or longer periods depending on circumstances, such as when a government entity is involved. Filing within this period is necessary to have a court consider your claim.

Does the Statute of Limitations Start on the Day of the Accident?

Typically, the statute of limitations begins on the day the accident occurs. However, there are exceptions in cases where injuries do not appear immediately. The “discovery rule” allows the clock to start when the injury is identified or reasonably should have been identified.

Can the Statute of Limitations Be Extended?

Certain circumstances may extend the statute of limitations. These include cases involving minors, individuals with disabilities, and situations where the defendant is absent from the state. These extensions are limited and vary depending on local laws.

What Happens if I Miss the Deadline?

Missing the statute of limitations generally prevents the court from hearing your claim. Even if the case has merit, a judge can dismiss it because the filing deadline was not met. Acting promptly is necessary to preserve the right to pursue compensation.

Do Property Damage Claims Have a Different Deadline?

Yes, property damage claims often have a different statute of limitations than personal injury claims. In many states, property damage lawsuits must be filed within three to six years, depending on local statutes. It is important to confirm the specific timeline that applies to your situation.

Are There Exceptions for Government Entities?

Claims against government agencies usually have stricter timelines – many states require notice within six months to one year before filing a formal lawsuit. Failing to meet these shorter deadlines can prevent a claim from moving forward.

How Is the Statute of Limitations Calculated When Multiple Parties Are Involved?

When more than one party may be liable, the statute of limitations typically applies to each defendant individually. However, coordination may be necessary to file timely claims against all responsible parties. Courts generally do not extend the timeline simply because multiple defendants are involved.

Can Filing an Insurance Claim Affect the Statute of Limitations?

Submitting a claim to an insurance company does not automatically extend the statute of limitations. The deadline for filing a lawsuit still applies, even if the insurer is negotiating a settlement.

How Can I Determine the Deadline for My Case in Cherry Hill?

Statutes of limitations vary by state and the type of claim. Consulting local laws or an attorney can clarify the specific deadline that applies. Acting quickly reduces the risk of missing the window to file a lawsuit and protects potential recovery. It also allows more time for prompt evidence gathering, investigations, and case development.

Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York Help You Achieve Justice

If you hope to pursue fair compensation for your damages caused by a motor vehicle accident, contact the Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and serve clients in New Jersey and Pennsylvania.

Aggressive driving and road rage create dangerous conditions on highways and local roads throughout New Jersey, but that does not seem to stop those drivers. Speeding, tailgating, and hostile behavior behind the wheel often lead to car accidents that cause serious harm. These incidents not only endanger other drivers but also carry significant legal and financial consequences.

What Behaviors Are Considered Aggressive Driving?

Aggressive driving includes any intentional actions that disregard traffic laws or compromise the safety of others. Examples include speeding, tailgating, weaving through traffic, running red lights, and improper passing. Drivers who engage in these actions often display impatience or frustration, escalating ordinary traffic situations into dangerous encounters.

How Does Aggressive Driving Differ From Road Rage?

Whereas aggressive driving involves unsafe driving behaviors, road rage refers to an emotional outburst that leads to intentionally hostile or violent actions. Road rage may include yelling, obscene gestures, blocking another driver, or attempting to cause a crash.

What Are the Common Causes of Aggressive Driving in Cherry Hill?

Traffic congestion, running late, stress, and frustration trigger aggressive driving. Drivers who feel pressured by time or irritated by others’ mistakes may respond with hostility. Environmental factors like construction zones or long commutes can also increase agitation, raising the likelihood of risky behavior on the road.

What Types of Accidents Are Linked to Aggressive Driving?

Aggressive driving can lead to rear-end collisions, sideswipe crashes, and high-speed impacts, as well as other kinds of accidents. Excessive speed is one of the most dangerous behaviors, reducing reaction time and amplifying the force of impact. These collisions can involve multiple vehicles and cause serious personal injury.

Can Aggressive Driving Lead to Criminal Charges?

In New Jersey, aggressive driving behaviors such as reckless driving or road rage incidents can result in criminal charges. Depending on the severity of the incident, drivers may face fines, license suspension, or even jail time. Prosecutors may pursue charges such as assault with a vehicle or reckless endangerment if another person is injured or threatened.

How Can Drivers Protect Themselves From Aggressive Motorists?

We recommend remaining calm, maintaining a safe distance, and avoiding eye contact with aggressive motorists. If another driver tailgates or shouts, it is safest to move aside and allow them to pass. Engaging or retaliating can quickly escalate the situation; reporting dangerous drivers to law enforcement can also help prevent further incidents.

What Legal Options Are Available to Those Injured by Aggressive Drivers?

Individuals injured by aggressive or reckless drivers may pursue compensation through personal injury claims. The compensation can include damages for medical bills, lost income, property repair, and emotional distress. Evidence such as police reports, witness statements, and video can help demonstrate liability and prove negligence.

Are There Warning Signs That Someone May Become an Aggressive Driver?

Yes. Frequent braking and lane changes, swerving, and driving faster than surrounding vehicles can signal growing aggression. Drivers who frequently honk, tailgate, or make hostile gestures may already be engaging in risky behaviors. When drivers recognize those signs, they should increase their distance.

Why Is Aggressive Driving a Growing Concern in New Jersey?

Increased congestion, high commuting stress, and distracted driving contribute to rising incidents of road rage and aggressive behavior. Additionally, urban and suburban traffic patterns in areas such as Cherry Hill and along major highways create conditions that often trigger frustration. These trends can contribute to higher incidences of aggressive driving and road rage crashes.

Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York Hold Liable Parties Accountable for Their Actions

If you were injured in an aggressive driving or road rage incident, you may be entitled to compensation. To learn more, contact our Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and serve clients in the surrounding area.

Route 70 is one of the busiest highways in Cherry Hill, New Jersey, with far too many car accidents causing life-threatening injuries. Prompt medical attention after a crash is not only important for health reasons; it plays a key role in any subsequent compensation claims. Delays can lead to serious physical, financial, and legal consequences.

 

What if There Are No Injury Symptoms After the Accident?

Some personal injuries, such as internal bleeding, traumatic brain injury, or whiplash, may not present immediate symptoms. Without timely evaluation, these conditions can worsen and lead to long-term complications. Early diagnosis helps reduce the chance of untreated trauma and improves the likelihood of a better recovery outcome.

 

Can Adrenaline Mask Injury Symptoms?

Yes. Following a collision, the body releases adrenaline, which can suppress pain and delay the recognition of injury. Individuals often underestimate their condition until hours or days later. A medical professional is trained to assess and detect hidden trauma that may not be felt right away.

 

 

How Can Prompt Medical Care Impact Legal Claims?

Insurance companies often challenge claims if there is a gap between the accident and the first medical visit, but timely medical records provide documented evidence of injury directly linked to the collision. Seeking care promptly supports the connection between the incident and the injuries, making the claim more difficult to dispute.

 

 

Does New Jersey Law Require Immediate Medical Evaluation After an Accident?

New Jersey law does not mandate medical care after a traffic incident, but failure to obtain it can weaken a personal injury claim. Legal standards often rely on reasonable behavior, and seeking prompt medical treatment is generally viewed as a reasonable step after a collision on a high-traffic road such as Route 70.

 

Will Medical Documentation Affect Insurance Negotiations?

Absolutely. Medical reports serve as critical evidence when negotiating with insurance adjusters. These documents establish the extent of physical harm and the need for follow-up care. A lack of early records can be used to argue that the injuries were not serious or were unrelated to the event.

 

Is Emergency Room Care Always Necessary?

Not necessarily. Although severe cases may require immediate transport to the emergency department, urgent care centers or primary physicians can also conduct evaluations. The important step is receiving qualified attention as soon as possible following the incident.

 

How Might Delayed Care Impact Compensation?

Courts and insurance companies often consider whether an injured party acted reasonably following the accident. Delays in seeking care may be interpreted as evidence that the injury was minor or unrelated. This perception can significantly reduce the compensation awarded or even result in a denied claim.

 

Can the Timing of the First Visit Affect Follow-up Care?

Yes. Early intervention allows physicians to establish a treatment plan that can be modified based on progress. Without an initial evaluation, it becomes harder to prove that future medical needs are connected to the accident. Proper documentation from the beginning forms a clear timeline of injury and recovery.

 

Why Is Cherry Hill a Common Location for Accidents?

Cherry Hill’s proximity to Philadelphia, coupled with high-traffic volume on Route 70, Route 38, and other busy roads, increases the likelihood of collisions. Intersections, lane merges, and distracted driving further add to the risk. Traffic gets even busier on these roads during the holidays.

 

Should I Still Seek Treatment if I Feel Fine?

Many serious injuries remain undetected without prompt medical imaging or medical examinations. Individuals often delay treatment because they believe they are unharmed, only to experience worsening symptoms later. It is better to receive a professional evaluation immediately rather than risk missing early warning signs.

Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York Can Help You Pursue Fair Compensation for Your Damages

If you need help after a car accident, do not hesitate to contact the experienced Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call us at 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, New Jersey, and Milmont Park, Pennsylvania, and serve clients across New Jersey and Pennsylvania.

Route 41, also known as Kings Highway, runs through Cherry Hill as a busy corridor filled with commuters, passenger vehicles, trucks, vans, cyclists, and pedestrians. The roadway’s intersections and frequent congestion make it a common site for collisions. When accidents happen on this heavily traveled route, questions often arise about whether someone can still recover compensation if they shared part of the blame for the accident.

Why Is Route 41 in Cherry Hill Prone to Accidents?

The mix of residential neighborhoods, commercial areas, intersections with busy highways like Route  70, and high daily traffic volume contributes to these collisions. Intersections with multiple turning lanes and traffic lights add further risks. Distracted driving and speeding are common factors, making it a challenging roadway for safe travel.

What Does Comparative Negligence Mean in New Jersey?

New Jersey follows a modified comparative negligence system. This means that an injured party can still recover damages if they are less than 51 percent at fault for the accident. However, the amount they receive is reduced by their percentage of fault. For example, if a driver is found 20 percent responsible for a crash, their damages are reduced by that percentage. When a driver is 51 percent or more liable, they are not entitled to compensation.

How Is Fault Determined After a Crash on Route 41?

Fault is assessed through police reports, witness accounts, physical evidence, and sometimes expert testimony from accident reconstruction professionals. Insurance adjusters and courts may also review photographs, traffic camera footage, and vehicle damage patterns. The process is designed to allocate responsibility fairly among all involved parties.

What Types of Damages May Be Available?

Damages in motor vehicle accidents generally include medical expenses, lost income, property repairs, and pain and suffering. The availability and amount depend on the circumstances of the case, the extent of injuries, and the proportion of fault assigned. Each case is evaluated individually based on evidence.

How Does Insurance Handle Partial Fault Cases?

Insurance companies in New Jersey apply comparative negligence rules when determining payouts. An adjuster may reduce a settlement offer based on the injured party’s share of fault. Disputes often arise regarding the percentage assigned, which can affect how much compensation is ultimately paid.

How Can Evidence Affect a Partial Fault Claim?

Evidence such as skid marks, vehicle damage patterns, traffic camera recordings, and phone records can strongly influence how fault is divided. Detailed documentation often determines whether someone’s percentage of responsibility is low enough to allow recovery; the strength of evidence may directly impact the financial outcome.

Does New Jersey’s No-Fault System Apply to Partial Fault Cases?

New Jersey’s no-fault insurance system requires drivers to first use their personal injury protection coverage for medical bills, regardless of fault. However, when damages exceed policy limits or involve serious injury, claims can be pursued against another driver. In those cases, comparative negligence rules come into play if partial fault exists.

Can Pedestrians or Cyclists Recover if They Share Fault?

Yes, pedestrians and cyclists may also pursue damages under the comparative negligence system if they are less than 51 percent responsible. For example, a pedestrian crossing on a green light may share some fault but still recover reduced damages if struck by a negligent driver. The same principle applies to cyclists.

Contact Our Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York

If you need clarification about compensation for motor vehicle crash damages, contact our Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and serve clients across New Jersey and Pennsylvania.

In addition to injuries and property damage, car accidents often create financial and legal challenges for drivers. Oftentimes, subrogation comes into play with these claims. It is a legal process that allows insurance companies to recover money from the at-fault party after compensating their own policyholder. Learning about how subrogation works can reduce confusion for drivers and their families.

What Does Subrogation Mean?

Subrogation is when an insurance company steps into the shoes of a policyholder to recover payments made for damages. After compensating a driver, the insurer can pursue reimbursement from the party responsible for the accident. This process prevents duplicate payments and holds the correct party accountable for financial losses.

How Does Subrogation Work After a Car Accident in Cherry Hill?

When a driver files a claim, the insurance company may pay for repairs, medical bills, or other covered losses. The insurer then investigates liability and, if the other driver is at fault, seeks repayment from that party or their insurer. This may involve reviewing police reports, witness statements, and accident documentation to support the reimbursement claim.

Why Do Insurance Companies Use Subrogation?

Insurance companies use subrogation to recover funds after paying for losses, which helps keep premiums from rising unnecessarily. By shifting financial responsibility to the at-fault party, insurers maintain fairness and accountability. Subrogation also allows companies to manage claims efficiently while protecting the financial interests of policyholders.

How Do Policyholders Receive Compensation During Subrogation?

Policyholders usually receive payment for damages while subrogation is ongoing. The insurer provides funds upfront, then pursues reimbursement from the responsible driver’s insurance company. This allows claimants to repair vehicles, pay medical bills, or address other expenses without waiting for another party to accept liability.

Does Subrogation Affect Personal Injury Claims?

Subrogation can influence personal injury claims when medical bills are initially covered by health insurance or personal injury protection coverage. The insurer may later request reimbursement from the at-fault driver’s insurer. Policyholders can still pursue additional compensation for pain, suffering, or other damages not covered by insurance payments.

What Happens if There Is Shared Fault?

Accidents involving shared fault require careful allocations of financial responsibility. Insurance companies may use comparative fault rules to divide costs according to each driver’s level of responsibility. In these cases, reimbursement may be partial rather than full, depending on the investigation findings and applicable state laws.

Can Policyholders Waive Subrogation Rights?

Some policies allow a policyholder to waive subrogation rights, usually with prior approval from the insurer. Waiving these rights prevents the insurance company from seeking repayment from the responsible party, but it may affect coverage or result in higher out-of-pocket costs after an accident.

What Should I Do if My Case Involves Subrogation?

Provide accurate information to your insurer, including police reports, medical documentation, repair invoices, photographs, and witness statements. Prompt cooperation allows the insurance company to pursue reimbursement efficiently. While insurers handle most of the subrogation process, you may receive updates and should respond quickly to requests for additional information.

What if My Insurer Refuses to Subrogate My Cherry Hill Car Accident Claim?

If your insurer refuses to subrogate your claim, you may still recover losses through other means. You can negotiate directly with the at-fault driver’s insurance company or file a lawsuit to seek compensation. It is important to review your insurance policy, as some coverages allow you to pursue reimbursement independently. Our Cherry Hill car accident lawyers can clarify your legal options and protect your rights while handling your claims process.

Talk to Our Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York

If you have questions about subrogation or any other concerns about a crash, contact our Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and we serve clients across New Jersey and Pennsylvania.