Motor Vehicle Accidents
Motor vehicle accidents caused by the negligent operating of a motor vehicle resulting in personal injury are actionable. There are many types of motor vehicle accidents from fender benders, high speed crashes, traffic light accidents, slipping and sliding due to inclement weather, ice or snow.
As a result of New Jersey’s motor vehicle laws, not every injury sustained in a motor vehicle accident is compensable and for the most part, the decision of compensability in the first instance is made by the selection that the motor vehicle owner makes when purchasing motor vehicle insurance. A motor vehicle owner can purchase a policy with or without a verbal threshold sometimes called limitation of lawsuit option. No threshold is sometimes called the no threshold option. A selection of the verbal threshold will limit recovery in certain types of personal injury cases. In verbal threshold cases, there must be displaced fractures, significant disfigurement or scarring or permanent injury which is an injury that has not healed. There are certain exceptions to the verbal threshold limitation such as if the other vehicle is a commercial vehicle. Verbal threshold cases require the filing of a certificate by a physician that permanent injury is sustained.
Pedestrians have the right to expect that motor vehicles will yield to pedestrians in crosswalks, obeying traffic signals, lawful traveling in or about construction sites, walking in public right of ways, parks and fields. Depending on the insurance coverage of the pedestrian’s household, the verbal threshold may apply.