Fair Lawn Car Accident Lawyer Bergen County, New Jersey
If you were hurt in Hackensack, James Vasquez fights to get you every dollar you are owed. He has represented Bergen County's injured since 2004, and he knows this county seat's I-80, Route 4 and Route 17 corridors, its historic Hackensack River bridges, and the streets around Main Street and Hackensack University Medical Center.
.avif)
What the other side is allowed to look at
.avif)
.svg)
Claimants assume their own accounts are their own business and that any footage of them would have to be disclosed straight away. New Jersey law says otherwise on both counts.
In 2023, in the first published opinion in this State on the question, the Appellate Division held that private social media posts are discoverable. It accepted that a claimant has a privacy interest in them, and found that the interest must yield to New Jersey's liberal discovery rules where the material is relevant. The court rejected a comparison with financial and tax records requiring a compelling reason for disclosure, reasoning that nothing prevents an approved private recipient, such as a friend on the platform, from sharing the posts, and that people who post understand their intended recipients may pass things on. It also rejected the argument that posts should be excluded because they may not be a realistic portrayal of someone's life. Whether a post reliably reflects anything is a question for the trial judge under the evidence rules rather than a reason to keep it out of discovery altogether. Statutes protecting social media accounts from unauthorised access by employers were held to say nothing about civil discovery. Surveillance is the other half. In a 2015 auto case, a claimant demanded that video taken of her be produced before her deposition. The trial court agreed and the Appellate Division reversed. The practical consequence is that you will ordinarily give your account first, and the footage will be measured against it afterwards. James Vasquez has handled New Jersey injury claims since 2004.
Fair Lawn car accident claims we take on
Every claim that is litigated passes through this stage.
Six sources people forget about
The account you locked down is rarely the whole picture.
Private posts
The Appellate Division held in 2023 that a privacy interest in private posts yields to the discovery rules where the material is relevant.
What to do: post as though a judge will read it, because the privacy setting is not the protection people assume.
Check ins and location data
Where you were and when builds a picture that gets set against your account of what you can and cannot do.
What to do: recognise that a location on a map says nothing about how you felt when you got there, and be ready to explain it.
Statements about the crash itself
Posting about how the collision happened, or minimising it to reassure people, creates an inconsistency with everything that follows.
What to do: say nothing publicly about the incident at all, including in comments and replies on other people's posts.
Your own public profile
Anything publicly visible can simply be looked at, without any application to a court and without you knowing it happened.
What to do: assume it has already been read. Deleting things during a claim creates a different and worse problem.
Photographs other people post
Tagged photographs, family posts and event pages put you in frame without you touching a keyboard.
What to do: tell family and friends early, since your own restraint does not govern what other accounts publish.
Surveillance footage
Investigators film claimants going about ordinary business, and in New Jersey the footage ordinarily follows your deposition rather than preceding it.
What to do: describe your limitations accurately from the start, since your own testimony is what the footage will be compared against.
None of this is unusual or improper. It is standard investigation, and the only real protection is consistency.
Four things New Jersey law establishes
Confirm the current position, since this area has developed quickly.
Private does not mean protected
The Appellate Division held in 2023 that private social media posts are discoverable where relevant, in the first published opinion in this State on the question.
The reasoning was about sharing
Nothing prevents an approved private recipient from passing posts on, and people who post understand that their intended recipients may do so.
Reliability is a separate question
The argument that posts are not a realistic portrayal of a life was rejected as a discovery objection. Whether a post proves anything is for the trial judge under the evidence rules.
You will be deposed first
The Appellate Division reversed an order requiring surveillance video to be produced before the claimant's deposition, so your account ordinarily comes first.
That sequencing is the single most important practical point on this page. Accuracy in your own testimony is what makes footage harmless. For how car accident claims work statewide, see the car accident practice area page.
Two rules that solve most of this
Neither requires disappearing from your own life.
Describe a range, not a worst day
The most damaging inconsistency is not footage of somebody doing something. It is footage of somebody doing something they said they could not do at all. Injuries fluctuate, and a claimant who explains that they manage some tasks on good days, pay for it afterwards, and cannot do others at all has already accounted for what any camera is likely to capture. A claimant who says never has given the defence a single clip to build a case around. Say it accurately the first time, in every medical appointment and in your deposition.
Do not delete anything
The instinct on learning that posts are discoverable is to clear them. That converts a manageable problem into a serious one, because removing material once a claim exists raises questions about preservation that are far harder to answer than the original post. Change what you publish going forward, and leave what is already there alone. If something troubles you, raise it rather than removing it.
Three rules about investigation
Two decisions and one rule, all applicable in New Jersey.
Private posts are discoverable
In the first published New Jersey opinion on the question, the Appellate Division held that a claimant's privacy interest in private social media posts must yield to the State's liberal discovery rules where the material is relevant, rejecting arguments based on privacy statutes aimed at unauthorised access by employers.
The scope of discovery
A party may obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in the pending action. The court found that the rules do not extend a privilege to private social media account information.
Surveillance and the deposition
In an auto accident case where a claimant sought production of surveillance video before her deposition, the trial court ordered disclosure first and the Appellate Division reversed. In practice, a claimant's testimony ordinarily precedes disclosure of footage taken of them.
Personal Injury Protection, the verbal threshold, the two year filing deadline and the defence medical examination are covered on the car accident practice area page and the Fair Lawn personal injury page.
What to do from today
Five habits, none of which involve vanishing.
Stop posting about the incident entirely
Including comments and replies on other people's posts. An account of the crash written for friends is still an account of the crash.
Ask family and friends not to tag you
Your own restraint does not control what other accounts publish, and tagged photographs are the most common source.
Leave existing posts alone
Deleting material once a claim exists creates a preservation problem considerably worse than whatever the post said.
Describe your limitations as a range
Good days, bad days and what each costs you. Say it the same way to every doctor and again in your deposition.
Assume you may be filmed
Not as paranoia but as a reason for accuracy. Footage only hurts a claimant whose own account was absolute.
.avif)
James Vasquez
Before James Vasquez ever represented an injured person, he sat on the other side of the table. As a former prosecutor and insurance-defense attorney, he spent years learning exactly how these cases are won and lost.
Now he uses it for you. When adjusters and opposing counsel face James, they're facing someone who has read their playbook, argued in their courtrooms, and knows precisely where their arguments break.
Based in Clifton and serving Passaic, Morris, and Essex Counties, his firm gives every client James's personal attention, backed by a team that knows your file cold.
Answers, before you even call.
Anything else you’d like to know? Get in touch with our sales team and we’d be happy to discuss your questions.
Hear Our Clients’ Stories
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
Kraig Moultrie
Hear Our Clients’ Stories
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Martina Contreras
What it's actually like to work with us
We'll skip the sales pitch. This is what it's actually like to have James in your corner; straight from the people who've been there.
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Consistency between what you say and what your records show.
Their records are where your description of your limitations is first captured, and everything later is measured against them.
Holds the crash report and diagram, which fixes the mechanism you will be asked about in your deposition.
Civil suits arising from Bergen County crashes are filed with the Civil Division at 10 Main Street in Hackensack.
The declarations page establishes your medical benefits and coverage. Your own carrier investigates uninsured motorist claims too.
Hurt in New Jersey? Let's Talk.
James Vasquez gives injured people across New Jersey a free, no obligation case review. Tell us what happened and we'll walk you through your options and what your claim may be worth.
.png)
Reach us whatever way works for you.
Need to talk to someone right now?
Areas we serve
.jpg)
