Wayne Car Accident Lawyer Condado de Passaic, 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.
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It says nothing about who caused the crash
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The seat belt defence is raised constantly and understood rarely. The starting point is a distinction the courts have insisted on since before most drivers were licensed.
New Jersey distinguishes between negligence that contributed to the accident and negligence that contributed to the injuries. Whether you were wearing a seat belt is irrelevant to who caused the collision. It cannot make a driver who ran a red light any less responsible for running it, and a jury deciding fault for the accident is not to consider it at all. Where it can matter is damages, and only a defined portion of them. In 1988 the Supreme Court held that recovery for injuries which could have been avoided by seat belt use may be reduced by an amount reflecting the injured person's comparative fault in not wearing one. The jury may take non use into account only to reduce that portion, which the courts call the seat belt damages, rather than the award as a whole. The burden sits with the defence throughout. It must prove that an available seat belt was not used and that the non use actually increased the extent or severity of the injuries. Where severe injuries could not have been avoided by a belt, it does not matter that some minor injury might have been, and the jury is to stop considering the issue. James Vasquez has handled New Jersey injury claims since 2004.
Wayne car accident claims we take on
The seat belt argument appears across most of them and decides very few.
Where Wayne collisions happen
A large township carrying highway traffic, retail volume and university movement.
Route 46 and Interstate 80
Traffic joining and leaving across short distances, producing sideswipe and lane change collisions at speed.
Where the argument goes: damage geometry along each vehicle establishes who moved across whom, independent of anything about restraints.
Lake and residential roads
Curving residential roads around the lake communities with short sight lines and limited width.
Where the argument goes: sight distance measured at the location, which is a fact rather than a matter of competing recollections.
Route 23
Heavy through traffic with jughandle turns and frequent entry from commercial frontage, where speed differentials are largest.
Where the argument goes: at these speeds the injuries are frequently ones no restraint would have avoided, which ends the seat belt enquiry rather than starting it.
Shopping centre approaches
Retail traffic entering and leaving major frontage, with constant turning across lanes and stopping in live traffic.
Where the argument goes: moderate speed impacts, where the argument is usually about whether the injury happened at all rather than about restraints.
In each of these the seat belt point is raised early and rarely survives contact with what the injuries actually were.
Four limits on the seat belt defence
Each one narrows what the argument can do.
It has no bearing on fault
New Jersey separates negligence contributing to the accident from negligence contributing to the injuries. Non use is irrelevant to who caused the collision.
It reaches only avoidable injuries
Recovery may be reduced only for injuries that could have been avoided by seat belt use, rather than the award as a whole.
The defence carries the burden
It must prove an available belt was not used and that the non use increased the extent or severity of the injuries.
No impact means no issue
Where severe injuries could not have been avoided by a belt, the fact that some minor injury might have been is immaterial and the jury is to stop considering it.
If your injuries are serious, this argument frequently disappears once the medical evidence is developed. For how car accident claims work statewide, see the car accident practice area page.
Two things that make this defence hard to run
The structure the courts imposed is demanding, and insurers raise the point long before they can support it.
It requires separating out the injuries
A jury is directed first to determine total damages as though there were no seat belt issue at all, then to allocate fault for causing the accident, then to decide whether non use increased the extent or severity of the injuries, and only then to identify what portion of the damages a belt would have avoided. That final step requires the defence to establish what injuries would have been sustained had a belt been worn, as distinct from what actually occurred.
It needs real expert evidence
Courts have observed that apportioning damages between what non use caused and what would have happened anyway is, without effective expert testimony, close to speculation. The burden of producing that evidence sits with the defence. In practice a point raised in a first letter frequently has nothing behind it, and it is worth treating as an assertion to be tested rather than a discount to be accepted.
Three rules about restraints and recovery
Settled Supreme Court authority, applied through the model jury directions.
The seat belt defence and its limits
The Supreme Court held that recovery for injuries which could have been avoided by seat belt use may be reduced by an amount reflecting the plaintiff's comparative fault in not wearing one, and that a jury may take non use into account only to reduce that portion of the damages rather than the award generally.
Two different questions
New Jersey distinguishes negligence contributing to the accident from negligence contributing to the injuries sustained. Whether a seat belt was worn is not relevant to deciding who was at fault for causing the collision.
What must be proved, and by whom
The defendant must establish that an available seat belt was not used and that the non use increased the extent or severity of the injuries. Where non use had no impact on the extent of injury, the jury is to cease considering the seat belt issue entirely.
Personal Injury Protection, the verbal threshold, the two year filing deadline and comparative negligence generally are covered on the car accident practice area page and the Wayne personal injury page.
What answers the argument
Medical evidence rather than debate about restraints.
Document the mechanism of injury
How each injury occurred within the vehicle is what establishes whether a restraint would have made any difference to it.
Preserve the vehicle
Interior damage, deployment and contact points evidence what happened inside the car, and it is lost on repair or disposal.
Get assessed promptly and keep going
A consistent treatment record is what establishes the extent of the injuries, which is the ground the whole argument is fought on.
Do not concede non use casually
Whether a belt was in use is a question of fact. If you were wearing one, say so clearly, because the crash report is not always accurate on the point.
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James Vasquez
Antes de que James Vasquez representara a su primera persona lesionada, se sentaba al otro lado de la mesa. Como exfiscal y abogado de defensa de aseguradoras, pasó años aprendiendo exactamente cómo se ganan y se pierden estos casos.
Ahora lo usa a su favor. Cuando los ajustadores y los abogados contrarios se enfrentan a James, se enfrentan a alguien que ha leído su manual, ha litigado en sus tribunales y sabe con precisión dónde se quiebran sus argumentos.
Con sede en Clifton y sirviendo a los condados de Passaic, Morris y Essex, su firma le brinda a cada cliente la atención personal de James, respaldada por un equipo que conoce su expediente a fondo.
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.
Escuche las historias de nuestros clientes
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
Escuche las historias de nuestros clientes
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
Cómo es realmente trabajar con nosotros
Nos saltamos el discurso de ventas. Así es realmente tener a James de su lado; contado por las personas que ya pasaron por ello.
"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!"
"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."
"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."
"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!"
"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."
"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."
Medical and vehicle evidence rather than anything about the restraint itself.
Records establishing the nature and mechanism of each injury, which is what determines whether a restraint could have affected it.
Interior contact points, restraint condition and airbag deployment evidence what happened inside the car. All of it is lost on repair or disposal.
Holds the crash report, including any notation about restraint use, which is worth checking for accuracy rather than accepting.
¿Lesionado en Nueva Jersey? Hablemos.
James Vasquez ofrece a las personas lesionadas en todo Nueva Jersey una revisión gratuita de su caso, sin ningún compromiso. Cuéntenos qué pasó y le explicaremos sus opciones y cuánto podría valer su reclamo.
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