CAR
ACCIDENT
LAWYER
Careful work on the cases that
change people's lives
When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.
MILLIONS
Recovered for Our Clients
$0 Fees
Unless We Win the Case.
Car Accident Lawyer
Fighting for Your Rights
A car accident lawyer represents people who were hurt in a crash caused by another driver. The work involves finding every insurance policy that applies, proving who caused the crash, documenting what the injuries cost now and later, and filing a lawsuit before the state deadline if the insurance company will not pay a fair amount. Onal Injury Law has offices in New Jersey, New York, and Texas and reviews car accident cases from anywhere in the United States. The first consultation is free.
Key facts at a glance
- In 2024, 39,254 people died in traffic crashes in the United States and about 2.4 million were injured, according to the National Highway Traffic Safety Administration (NHTSA).
- About a dozen states use no-fault insurance, which pays your own medical bills first and limits when you can sue the other driver.
- Most states reduce what you can recover if you were partly at fault. Four states and Washington, D.C. can bar recovery for even a small share of fault.
- Filing deadlines for injury claims usually fall between one and six years. Claims against a government agency can require written notice within a few months.
- Most newer cars have an event data recorder that stores speed, braking, and seatbelt use from the seconds before a crash.
What does a car accident lawyer do?
After a serious crash, most people deal with the other driver's insurance company on their own for the first few weeks. The adjuster's job is to close the claim for as little as the policy allows. A car accident lawyer takes over that contact and builds the case from the evidence up.
In practice that means requesting the police report and any crash reconstruction, sending preservation letters for video and vehicle data, interviewing witnesses, collecting medical records and bills, and working with your doctors to understand what treatment you will need in the future. The lawyer then identifies every source of coverage, presents a demand supported by that evidence, and files suit if the case does not resolve. If the case goes to trial, the same lawyer presents it to a jury.
Does it matter which state
the crash happened in?
Yes. Car accident law is mostly state law, and the state where the crash happened usually controls how the claim works. The biggest difference is whether the state uses at-fault or no-fault insurance.
In an at-fault state such as Texas, California, or Georgia, you bring a claim against the at-fault driver's liability insurance for all of your losses, including pain and suffering, from the start. In a no-fault state, your own personal injury protection (PIP) coverage pays your medical bills and some lost wages first, no matter who caused the crash. About a dozen states use some form of no-fault, including New York, New Jersey, Florida, Michigan, Pennsylvania, Massachusetts, Hawaii, Kansas, Kentucky, Minnesota, North Dakota, and Utah. In those states you can usually step outside the no-fault system and sue the other driver only if the injury meets a threshold. Some states set the threshold by the type of injury, such as a fracture or permanent injury. Others use a dollar amount of medical expenses. A few states let drivers choose between the two systems when they buy their policy, which means the choice on your own declarations page can affect your case.
When a driver from one state crashes in another, the law of the crash state usually decides fault and damages, but the injured person's own policy can still pay benefits. These cases often involve two sets of rules at the same time.
How is fault proven after a
car crash?
Fault is proven with evidence, and much of it disappears quickly. Store and traffic cameras often record over their footage within days or weeks. Vehicles get repaired or scrapped. Witnesses become hard to find.
The evidence we look for in most cases includes the police crash report and officer notes, photos and video from the scene and nearby businesses, data from each vehicle's event data recorder (federal rules for these devices are in 49 C.F.R. Part 563), cell phone records when distraction is suspected, statements from passengers and witnesses, and in serious cases an accident reconstruction expert.
Once fault is established, the state's comparative fault rule decides how shared fault affects your recovery. New York and California use pure comparative fault, so your recovery is reduced by your percentage of fault but never barred. Texas, New Jersey, Pennsylvania, and most other states use modified comparative fault, which bars recovery once your share of fault passes a set line, usually 50 or 51 percent. Florida moved to this system in 2023. Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. still follow contributory negligence, which can bar recovery if you were even slightly at fault. That is why insurers in every state work hard to shift some of the blame to the injured person.
Who can be held responsible for a
car crash?
The driver who caused the crash is the usual defendant, but often not the only one. Depending on the facts, responsibility can extend to the owner of the vehicle in states with owner liability laws, the driver's employer if the driver was working at the time, a rideshare company's insurance policy if the driver was logged into Uber or Lyft, a bar or restaurant that kept serving a visibly intoxicated driver in states with dram shop laws, a government agency responsible for a dangerous road design or a broken signal, and a manufacturer if a defective airbag, tire, or brake part made the injuries worse.
Federal law (49 U.S.C. § 30106, often called the Graves Amendment) generally protects rental car companies from being held responsible only because they own the car, so rental car crashes usually turn on the driver's own coverage.
What insurance pays for
car accident injuries?
Most serious crashes involve more than one policy. Coverage can include the at-fault driver's liability insurance, your own PIP or medical payments coverage, your uninsured and underinsured motorist coverage (UM/UIM), the policy of a household family member, an employer's commercial policy, and umbrella policies.
Health insurance, Medicare, and Medicaid often pay medical bills while the case is open. They usually have a right to be repaid from any recovery, which is called a lien. Handling those liens correctly can make a real difference in what the injured person keeps.
One step you can take today is to find the declarations page of your own auto policy. The UM/UIM limits on that page often matter more than people expect, especially when the other driver carried only the state minimum.
What can you recover after
car accident?
The categories of damages are similar in most states, although no-fault rules and state caps can change what applies. They usually include past and future medical care, lost wages and lost earning ability, pain and suffering, loss of enjoyment of life, scarring and disfigurement, help needed around the home, and property damage. When a crash is fatal, the family may bring a wrongful death claim.
The value of a case depends on the severity and permanence of the injuries, the medical evidence that supports them, the available insurance, the strength of the fault evidence, and the venue where the case would be tried. A lawyer cannot honestly give you a number in the first call. What a lawyer can do is tell you which of these factors are strong in your case and which ones need work.
What should you do after a
car accident?
If you are able to, call the police and make sure a report is made. Get medical care the same day or the next day, even if you feel fine, because many injuries such as concussions and disc injuries show symptoms later. Take photos of the vehicles, the scene, and your injuries, and get names and phone numbers from witnesses.
After that, report the crash to your own insurer, but avoid giving a recorded statement to the other driver's insurer until you understand your rights. Keep every bill, receipt, and medical record in one place, and stay off social media about the crash. Insurers do read it. Our
list of common personal injury questions covers more of the early steps.
How long does a
car accident case take?
Most cases follow the same general path. First comes the investigation and your medical treatment. A case usually should not be valued until the doctors know whether an injury is permanent. Then comes a written demand and negotiation with the insurer. If the case does not resolve, a lawsuit is filed, both sides exchange records and take depositions, and many courts require mediation before trial.
A clear liability case with healing injuries may resolve in months. A case with surgery, disputed fault, or several insurers often takes a year or more, and cases that go to trial take longer. We give clients a realistic timeline at the start and update it as the case develops.
Car accident cases outside
New Jersey and New York
Many of the people who call us were hurt while traveling, driving for work, or visiting family in another state. Some live in one state and were hit by a driver from a third state. These cases are manageable, but they need someone who checks the deadline and the rules of the right state on day one.
We review car accident cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. We also publish regional information for drivers in
Philadelphia and
Delaware. If a truck or commercial vehicle was involved, see our
truck accident lawyer page, and if you were on foot, see our
pedestrian accident page.
Car accident questions
people ask us
Do I need a lawyer if the other driver's insurance company already accepted fault?
Accepting fault and paying fairly are two different things. The insurer can accept fault and still dispute how serious your injuries are, whether all of your treatment was necessary, or whether your injury meets your state's threshold. If your injuries required more than a few visits to a doctor, a free consultation is worth the time.
What happens if the driver who hit me had no insurance or drove away?
Your own uninsured motorist coverage usually steps in. Hit-and-run crashes are typically handled under that coverage as well, although many policies require a prompt police report and notice to the insurer. Check your policy for those notice requirements and report the crash quickly.
I was a passenger. Whose insurance pays?
Passengers can often claim against the policy of the car they were riding in, the policy of the other vehicle, and their own household policy, depending on the state. A passenger is rarely found at fault, so the main questions are usually coverage limits and the order in which the policies pay.
What if I was hurt in an Uber or Lyft?
Rideshare companies carry commercial policies that apply while a driver is logged into the app, with higher coverage once a ride is accepted or a passenger is in the car. Which layer applies depends on the driver's app status at the moment of the crash, so that data should be requested early.
How much does it cost to hire a car accident lawyer?
The consultation is free. Injury cases are usually handled on a contingency fee, which means the attorney fee is a percentage of any recovery rather than an hourly bill paid up front. We explain the fee agreement and how case costs are handled in writing before you decide anything.
Can you help if my accident happened in another state?
Yes. We review cases from anywhere in the United States. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court under the right law.
Will my car accident case go to trial?
Most car accident cases resolve without a trial, but insurers make better offers on cases that are prepared as if they will be tried. We prepare every case that way, and the decision to settle or go to trial is always yours.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.
FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY
CASES
Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.
Let’s talk about your personal
injury case
Injured in an accident?
Our team is here to help you understand your options and your next steps.
Contact
WE’RE HERE WHEN YOU NEED US.
Free Consultation • Available 24/7
