A New Jersey woman who was the victim of a car accident in Passaic County, recently received a settlement of nearly $1 million, after suffering multiple bones fractures, artery damage, and post-traumatic stress disorder.

This case, Bernert v. Mohrle, resulted in a $950,000 settlement that was paid on Monday, July 18th. It arose from a car accident that occurred on Hamburg Turnpike in Wayne, New Jersey in December 2013. The victim, Diane Bernert, was driving in the right lane when her vehicle collided with another vehicle, driven by Eric Mohrle. Mr. Mohrle was pulling out of the Wayne Subaru dealership where he worked when the crash occurred.

According to Bernert, Mohrle pulled out of the parking lot too quickly, leaving her no time to respond by braking. Mohrle claimed that the vehicle he was driving did not respond as he anticipated when he accelerated. The accident resulted in both vehicles being totaled.

Bernet suffered a fractured left wrist, right foot, and right hip, all of which were treated with corrective surgery. She also sustained a partial tear of her aorta, the main artery of the body, which is necessary to supply oxygenated blood to the rest of the body. She also claims to suffer perpetual hip pain and post-traumatic stress disorder.

Bernet’s attorney argued that the seat belt may have been the cause of her arterial tear. However, the fact that Bernet was wearing her seat belt likely reduced the extent of the potential injuries that she may have suffered if she had been driving without it.

In New Jersey, not wearing your seat belt can result in a reduction in the damages you are awarded in a personal injury case, even if another driver’s negligence caused the accident. The underlying reason for this is a legal principle known as comparative negligence. Under comparative negligence, the damages awarded to an injured victim are reduced by the percentage of fault that the victim bears for his or her injuries. Insurance companies often use this argument to reduce settlement amounts for injured victims who are not wearing their seat belts when they are engaged in a car accident.

At Smith & Doran, our highly experienced New Jersey personal injury attorneys advocate for auto accident injury victims across the State. If you or someone you love has been injured in an accident involving a car, truck, motorcycle, bicycle, or pedestrian, we will work tirelessly to obtain the compensation you deserve. To discuss your potential claim with one of our knowledgeable attorneys, contact our Morristown, New Jersey offices today at 973-261-6254 for a cost-free consultation.

For additional information pertaining to this matter, access the following article: $950K Settlement in Passaic Auto Case