Can you sue a reckless driver in New Jersey?
New Jersey defines different types of driving that are illegal, including reckless driving, careless driving and aggressive driving. If your case qualifies for a reckless driving lawsuit, then you may be able to recover damages for your injuries.
What is reckless driving?
In New Jersey, reckless driving is intentionally operating a vehicle without regard for the safety of others. Excessive speeding, driving in between lanes, ignoring police traffic barriers, drunk driving and erratically weaving through traffic are examples of reckless driving. Drivers have a duty of care toward other drivers, pedestrians, cyclists and passengers to safely operate their vehicles. Thus, you could file a personal injury lawsuit when a reckless driver injures you.
No-fault insurance state
New Jersey is a no-fault insurance state, so you might not be able to sue another driver. If the damages exceed what your insurance could compensate you for, then you may be able to file a personal injury lawsuit. In no-fault insurance states, each driver’s insurance typically covers their medical bills and lost wages, regardless of who was at fault.
Damages you could recover
When you win a personal injury lawsuit against a reckless driver in New Jersey, you could recover damages for car repairs, lost wages, medical bills, permanent injuries and pain and suffering. If your spouse or significant other has suffered from a loss of intimacy due to your injuries, then your case may also include loss of consortium claim damages.
Although New Jersey is a no-fault insurance state, it’s possible to sue a reckless driver for your injuries. It depends on the extent of your injuries and whether your insurance fully covered your damages.