Help I was recently in a car accident

[ccjc]

What is the name of your state? New Jersey
I was recently in a very bad car accident and my car was totaled because of this. I was driving on a New York highway in the right lane when I noticed a car ahead of me slide on ice. I then exchanged lanes and went into the middle lane, unfortunatly there was no way to avoid the heavy patch of ice. I slid out of control and my car spinned around and stopped sideways on the middle of the highway. Several cars were able to avoid hitting me but this one lady could not and she ran right into me, hitting the front end of the drivers side. I then spun around and hit the side of a wall in the right lane. According to the police report and EMS there wer no serious injuries. Now I am familiar with the law that states that you cannot sue unless you have broken bones, any serious cuts, stitches, or if you were to die from a result of your injuries. This is ridiculous!!! As a result of this accident I have a herniated disk in the cervical spine (neck) and I have buldging disc in my lower back. I have problems getting into a vehicle if I'm not driving and when I do drive I'm a nervous wreck, I often end up crying or getting really nautiuos and get really bad cramps and headaches. When someone else drives I'm always very jumpy and I often check the road for icy patches. I guess you can say that I am phycologically messed up. Is there anyway to be vindicated. Please help. P.S several lawyers will not take my case and help me because of this law.

 

[mc1968]

Im in Iowa, and dont know a thing about the laws in your state, however in Iowa you can file a civil suit, after two years. I was recently in an accident as well, where I was at a stop and a large souped up pick up rear ended my trailblazer at 50 MPH. I too am VERY jumpy and scared to ride. THough I am still unable to drive, turn my head, use my left arm. I just wanted to say, your not alone and I hope you will find some relief one way or another both emotionally and financially as a result of your accident. If you dont mind me asking, Do/Did you have alot of medical bills?

 

[ecmst12]

You are mistaken. The reason you cannot sue is because you were at fault for the accident. You failed to maintain control of your vehicle and entered the other vehicle's lane of travel and were struck as a result.

The tort laws in NJ state that you cannot recover money for "general damages" (pain and suffering, anything other then actual cost for medical bills) unless you suffer permanent disability/damage as a result of injuries. Herniated discs do not always fall into this category if they are not serious enough to require surgery. Your psychological symptoms will improve over time - it is normal for you to be traumatized after such a serious accident.

However, the MAIN reason you do not have a case is because the accident was your fault. I don't know if the lawyers failed to explain this to you or if you just didn't understand, but that's the way it is.

 

[RiotAct]

Your psychological symptoms will improve over time - it is normal for you to be traumatized after such a serious accident.

I was in a horrible accident in 1983 and have yet to recover completely from the psychological symptoms. They've improved very little over the past 25 years. Please don't make false promises.

 

[ecmst12]

Have you had any treatment for the problem? In most people, they get better on their own, but if not, counseling is of course recommended. The longer you go without treatment or improvement, the harder it will be to eventually treat you.

 

[VeronicaLodge]

I was in a horrible accident in 1983 and have yet to recover completely from the psychological symptoms. They've improved very little over the past 25 years. Please don't make false promises.

i didnt see anyone make any promises.

 

[las365]

What is the name of your state? New Jersey
I was recently in a very bad car accident and my car was totaled because of this. I was driving on a New York highway in the right lane when I noticed a car ahead of me slide on ice. I then exchanged lanes and went into the middle lane, unfortunatly there was no way to avoid the heavy patch of ice. I slid out of control and my car spinned around and stopped sideways on the middle of the highway. Several cars were able to avoid hitting me but this one lady could not and she ran right into me, hitting the front end of the drivers side. I then spun around and hit the side of a wall in the right lane. According to the police report and EMS there wer no serious injuries. Now I am familiar with the law that states that you cannot sue unless you have broken bones, any serious cuts, stitches, or if you were to die from a result of your injuries. This is ridiculous!!! As a result of this accident I have a herniated disk in the cervical spine (neck) and I have buldging disc in my lower back. I have problems getting into a vehicle if I'm not driving and when I do drive I'm a nervous wreck, I often end up crying or getting really nautiuos and get really bad cramps and headaches. When someone else drives I'm always very jumpy and I often check the road for icy patches. I guess you can say that I am phycologically messed up. Is there anyway to be vindicated. Please help. P.S several lawyers will not take my case and help me because of this law.

Who is it that you want to sue?

 

[ccjc]

Im in Iowa, and dont know a thing about the laws in your state, however in Iowa you can file a civil suit, after two years. I was recently in an accident as well, where I was at a stop and a large souped up pick up rear ended my trailblazer at 50 MPH. I too am VERY jumpy and scared to ride. THough I am still unable to drive, turn my head, use my left arm. I just wanted to say, your not alone and I hope you will find some relief one way or another both emotionally and financially as a result of your accident. If you dont mind me asking, Do/Did you have alot of medical bills?

Thank you for your reply. It's good to know that I'm not alone in this mess. As far as medicals I have a ton of medical bills.

 

[ccjc]

You are mistaken. The reason you cannot sue is because you were at fault for the accident. You failed to maintain control of your vehicle and entered the other vehicle's lane of travel and were struck as a result.

The tort laws in NJ state that you cannot recover money for "general damages" (pain and suffering, anything other then actual cost for medical bills) unless you suffer permanent disability/damage as a result of injuries. Herniated discs do not always fall into this category if they are not serious enough to require surgery. Your psychological symptoms will improve over time - it is normal for you to be traumatized after such a serious accident.

However, the MAIN reason you do not have a case is because the accident was your fault. I don't know if the lawyers failed to explain this to you or if you just didn't understand, but that's the way it is.

Well I thank you for your reply. I did seem to loose control but I did stay in my lane I never entered anyone else's lane. My lawyer did explain the law to me and I was looking for advise on how can these ridiculous laws be changed. It's just like saying if you have fifty cars have the same accident at the same time and at the same spot that the city should not be held liable for cleaning up the highway so that these accidents could be prevented.

 

[ccjc]

I was in a horrible accident in 1983 and have yet to recover completely from the psychological symptoms. They've improved very little over the past 25 years. Please don't make false promises.

Thank's for your reply and undrstanding. It's a pretty scary situation and I guess you have to go through it in order to relate. Thank's again.

 

[ccjc]

Who is it that you want to sue?

The city or the state I just want someone to be responsible. Oh and FYI there were a total of six seperate accidents that night from the highway being to icy. Thank's for your reply.

 

[ecmst12]

The entity responsible for the weather has deistic immunity from lawsuits.

 

[Zigner]

The entity responsible for the weather has deistic immunity from lawsuits.

I've never heard that before...I always just assumed that the inability to give personal service of the lawsuit would preclude success...


(deistic immunity - that's funny)

 

[ecmst12]

Point being, drivers are expected to be able to maintain control of their vehicles at all times, regardless of conditions. And there is no possible way that your vehicle could have "spinned around and stopped sideways in the middle of the highway" without leaving your lane and entering someone else's! You need to accept responsibility - the accident was not caused by the weather or the DOT (though they may be contributing factors), it was caused by your loss of control. If you had been going slower, you might have been able to maintain control over the ice. Your insurance will have to pay for the other person's car and will charge you with an at-fault accident. Your PIP coverage will take care of your medical bills (including counseling if you need it) and if you have collision, will pay for your car repairs after your deductible. You are not going to get anything from the other driver or the state or the (wo)man upstairs. And honestly, if the accident makes you reluctant to drive in bad weather, that's a GOOD thing. Driving in icy conditions is DANGEROUS, and should only be done when there is no other choice, and at low speed with extreme caution!

 

[VeronicaLodge]

The city or the state I just want someone to be responsible.

unfortunately for you, you are the one responsible for this accident, you will be lucky if you are not sued by the other parties involved.