We have all been there. One minute you are on your way to work, or the grocery store, or to a child’s sporting event; the next minute, you are trying to collect yourself because some unobservant or careless driver has collided with you. Thankfully for some, this unfortunate occurrence is nothing more than an unpleasant annoyance. For many others, however, the accident becomes a grave misfortune.
As of February 2021, there are nearly 16,400 car accidents per day in the United States and approximately 6 million per year in our nation. Shockingly, more than 37,000 Americans die every year in automobile crashes, and almost 100 die in accidents every day. Over 1,600 children under the age of 15 die in car crashes every year. An additional 3 million Americans are injured or disabled every year. Sadly, with the wearisome increase of texting while driving, we now know that nearly 1.6 million car crashes are caused by cell phone use while driving, which is one out of every four motor vehicle accidents. According to National Highway Traffic Safety Administration estimates, the cost of these traffic accidents is almost $900 billion per year.
The United States is not alone in this regard. The current research reveals that there are nearly 1.25 million people killed in motor vehicle crashes per year all around the world. For perspective, that is approximately 3,287 deaths per day. It is further estimated that there are between 20 and 50 million people injured or disabled every year at the hands of another motorist. Automobile crashes account for more than 2% of all deaths around the world. Globally, they are the ninth (9th) leading cause of death. However, among individuals between the ages 15 and 29, they are the leading cause of death. Among our youngest citizens and drivers, those between the ages of five and 14, automobile-related death is the second leading cause of death worldwide.
According to the National Motor Vehicle Crash Causation Survey, conducted from 2005 to 2007, which sought to identify the crucial factors that lead to motor vehicle crashes, fewer than 10% of all accidents are caused by vehicle defects, the environment or various other unknown reasons. In other words, more than 90% of all motor vehicle collisions and crash deaths occur as a result of “user error.” With statistics like these, the sad fact is this: the question is not if you are going to be injured, disabled or killed in a motor vehicle accident, the question is when.
Who will you turn to when the statistics place you in their crosshairs?
The Law Office of Todd Drayton excels in prosecuting motor vehicle accident cases on behalf of its clients.
Our founder, Todd Drayton has tried numerous automobile cases – and never lost one. He has been particularly successful in cases requiring his clients to overcome New Jersey’s extremely strong “verbal threshold” defense. The so-called “verbal threshold” is a legal defense universally exploited by defendants in an effort to dismiss an injured party’s case long before a jury ever has the chance to decide whether, and to what extent, the victim has suffered any compensable injuries. Arising out of a New Jersey reform statute designed to lower insurance premiums, the Automobile Insurance Cost Reduction Act of 1998 (“AICRA”), N.J.S.A. § 39:6A-8, created significant restrictions upon a motorist’s right to sue for injuries sustained in an automobile collision.
AICRA significantly amended New Jersey’s “no-fault” insurance system, which was first adopted in the 1970s, by barring all lawsuits to obtain financial compensation for pain and suffering unless the litigant can prove that his or her injuries fall within one of six defined categories: (1) death; (2) dismemberment; (3) loss of fetus; (4) significant disfigurement or scarring; (5) displaced fractures; or (6) a permanent injury, which refers to an injury to a body part or organ that has not healed to function normally and will not heal to function normally even with further medical treatment, and which must be based on credible, objective, clinical evidence, such as diagnostic testing (i.e. x-rays, MRIs, Ct-Scans, etc).
The sixth category of permanent injuries is the most common type of verbal threshold case prosecuted in New Jersey. The insurance company behind the defendants in these cases without fail to contest these cases and rarely settle. For that reason, one must be prepared to go to trial. And if you are going to have to try a case like this, you can do no better than the Law Office of Todd Drayton.
While it is extremely impressive that Todd Drayton has never lost a verbal threshold case, it is far more remarkable that all of Mr. Drayton’s verbal threshold trials have ended in unanimous verdicts for his clients. He has even prevailed at trial where the only documented medical injuries to his clients were soft tissue injuries, such as bulging discs, or perhaps muscle spasms, or a slight showing of diminished range of motion.
In all such cases, Mr. Drayton’s defense adversaries have unsuccessfully contended that there was no objective, medical proof of any injury which a jury could deem to be “permanent.” Mr. Drayton, however, has successfully and consistently proven otherwise. He understands the burden of proof in these ubiquitous motor vehicle accident cases. More importantly, Mr. Drayton is extremely skilled in presenting evidence on behalf of his clients which clearly demonstrates the severity of his clients’ permanent and other injuries to an impartial jury. Although Mr. Drayton relies upon some of the most well-respected orthopedic and other medical experts in the field to help carry that burden, but in the final analysis, it is always his client’s story that carries the day. From the very first meeting with a new client, Mr. Drayton is careful to listen and discover his client’s story – their truth, their life, their injuries. And their stories stay with him throughout the litigation and are developed and corroborated by critical evidence and a meticulous attention to detail. It is no surprise that, by the time Mr. Drayton stands before a jury, there really can be but one outcome: victory!
If you, a friend or a loved one has been injured in a construction accident, you need the Law Office of Todd Drayton fighting for you. Contact us immediately for a free, no-risk consultation here. Our firm is wholly dedicated to helping those who have been injured by the careless driving of others. With zeal, experience, commitment and a long tradition of excellence in providing top notch legal representation for the injured, the Law Office of Todd Drayton will fight for a just resolution on your behalf.
