Personal Injury Articles for the Injured of NJ

Traffic Laws Help Determine Fault when Pedestrians are Struck by Motor Vehicles

Posted by Francis M. Smith on Wed, Dec 12, 2018


By Francis M. Smith

In the majority of cases when an motor vehicle collision takes place, the cause can usually be traced to an error or lapse in attention on the part of either someone involved in the crash, or someone who contributed more indirectly to the situation (through faulty vehicle repair, poor road maintenance, and so on). More often than not, however, one or more of the parties involved in the accident will ultimately prove culpable. Everyone who uses the roads has a duty of care toward all other road users to conduct themselves in a reasonably safe and predictable manner in accordance with traffic laws. This includes both motorists and pedestrians, though of course the laws that apply to pedestrians differ from those governing automobiles and trucks. When an auto or truck accident involving a pedestrian occurs, both sets of legal responsibilities are examined to determine where the fault for the accident lies.

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Topics: Pedestrian Accidents, Motor Vehicle Accidents, Bicycle Accidents

Settlement Process and Timeline for NJ Car Accidents Injuries

Posted by Francis M. Smith on Wed, Dec 05, 2018

By Francis M. Smith

After a serious car accident, it can often feel as though your normal life has come to a screeching halt: you may spend time in the hospital having your injuries diagnosed and treated, and you may not be able to return to work right away even after you are discharged. Even worse, the pain of your injuries can make every moment stretch into weeks of agony, immobility or discomfort. However, there are several ways in which time continues to tick by persistently – bills don’t stop piling up while you’re unable to work, and the administrative deadlines for your injury claim draw closer. Having a clear understanding of the claim resolution process can help you avoid the feeling that the opportunity to be fairly compensated for your injuries is slipping through your fingers.

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Topics: Motor Vehicle Accidents, settlement compensation, statute of limitations

Train Accidents

Posted by Francis M. Smith on Mon, Dec 03, 2018

By Francis M. Smith

Whether they serve as part of our daily commute or offer an affordable alternative for longer-distance travel, trains form an important part of the lives of many New Jersey residents. For some, the choice to rely on public transportation including trains is informed by the disturbing upward trend in automotive accidents, with many perceiving trains to be a safer alternative to highways packed with smartphone-wielding drivers. However, no mode of transportation is perfectly safe, and trains are no exception. Negligence or overwork can result in operator error, and inadequate maintenance and mechanical wear may lead to equipment failure, either of which has the potential to cause an accident. Due to the high speeds and massive size of trains, a derailment or collision of any kind has the potential to inflict catastrophic injuries on passengers and others nearby (such as travelers waiting on the train platform). Those who suffer such injuries may require extensive treatment and long periods of healing to recover, and even then may be left with lasting injuries. This makes it all the more important that anyone injured in a train accident be able to obtain the compensation they deserve for their injuries.

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Topics: train accidents, injury compensation, NJ Personal Injury Attorney

Dog Bites Leave Permanent Physical and Emotional Scars

Posted by Francis M. Smith on Fri, Nov 30, 2018

By Francis M. Smith

For many of us, dogs and other pets are an indispensable part of our lives and our families. But as loving and playful as dogs often are, they are still animals driven by instinct, which can cause them to respond to frightening or unfamiliar situations with aggression – which can have horrifying consequences for anyone who finds him or herself on the wrong side of an agitated dog’s teeth. The physical injuries that a domestic dog is capable of inflicting may be severe and lasting, and the emotional trauma resulting from a dog attack can create enduring problems in the attack victim’s life long after the physical injuries have healed.

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Topics: Dog Bites

Early Snow Wreaks Havoc for NJ Drivers

Posted by Francis M. Smith on Wed, Nov 28, 2018

By Francis M. Smith

With more than a month remaining until the official start of winter, the snowstorm earlier this month caught forecasters, municipalities, and commuters equally off-guard. With some areas of the state receiving as much as 8 inches of snow, a far cry from the 2 inches widely predicted in the days prior, commuters across the state found themselves losing several hours to impassible roads and traffic jams caused by hundreds of collisions.

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Topics: Motor Vehicle Accidents, Dangerous Condition, hazardous road conditions

Reporting Deadlines for Car Accident Injury Cases in NJ

Posted by Francis M. Smith on Fri, Nov 16, 2018

By Francis M. Smith

After a serious car accident, it’s easy to feel overwhelmed by all the unexpected new demands on your attention – you may have medical appointments and physical therapy to get to, you might have to take time away from work or find someone to take care of your kids, not to mention the hassles of getting your vehicle repaired. With all these demands on your time and concentration, it’s easy to forget about the reporting deadlines for your accident. However, missing these deadlines can cause tremendous problems for your injury case, and may prevent you from getting the care you need or the compensation you deserve.

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Topics: Car Accidents, Motor Vehicle Accidents, New Jersey motor vehicle accident attorney

What are NJ's Laws Regarding Car Baby Seats?

Posted by Francis M. Smith on Wed, Nov 14, 2018

By Francis M. Smith

Today’s automobiles are designed with a truly impressive array of features meant to protect passengers in the event of a collision, sudden stop, or other dangerous event. However, these safety features are overwhelmingly designed with adults in mind. This is understandable, since not all cars will carry child passengers, and a child’s safety restraint needs change as they grow. But just as adults are legally required to wear a seat belt, New Jersey law requires that children be secured in appropriate safety restraints when riding in a car. In 2015 the New Jersey legislature passed an updated standard for required child safety car seats, to ensure that child passengers remain as safe as possible. As these requirements are rather detailed, I wanted to break them down here to help parents trying to make sure that their vehicles are equipped to keep their children safe.

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Topics: NJ Car Seat Law

Road Dangers for Bicyclists and Pedestrians

Posted by Francis M. Smith on Mon, Nov 12, 2018

By Francis M. Smith

Whenever cyclists and pedestrians share space with motorists, there exists the danger of a collision. The person walking or biking will almost inevitably come off worse in any such accident, because they lack the protection of a motor vehicle and its myriad design features intended to protect its passengers from harm. Most cyclists have no more protective gear than a bicycle helmet standing between them and serious injury, and pedestrians generally have only the clothes on their backs, which offer negligible protection. It’s no surprise, then, that pedestrians and cyclists who are struck by motor vehicles often sustain severe injuries, including bone fractures, abrasions and lacerations (with ensuing risk of infection and scarring), head trauma (including traumatic brain injury), and back or spinal injuries. In the worst cases, the collision may result in death.

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Topics: Pedestrian Accidents, Bicycle Accidents, Bicycle Safety

Car Racing Belongs on the Race Tracks - Not on Streets

Posted by Francis M. Smith on Fri, Nov 09, 2018

By Francis M. Smith

Our nation’s roads, from lazy suburban streets to bustling interstate highways, exist for the benefit of everyone – and as such, all road users have a responsibility to obey traffic laws and otherwise conduct themselves in a way that does not create unnecessary danger for others who share the road with them. For most of us, this is an intuitive and obvious fact: don’t drive recklessly because you might hurt someone. Unfortunately, some drivers choose to ignore this fundamental societal agreement, using public roadways as an arena for illegal street racing.

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Topics: Motor Vehicle Accidents, car racing, Speeding

Insurance Tactics to Reduce Claims for Pedestrian and Bicycle Accident Cases

Posted by Francis M. Smith on Mon, Oct 15, 2018

By Francis M. Smith

Insurance companies employ highly trained professionals known as claims adjusters to handle personal injury cases caused by the negligence of their policy holders. When a pedestrian or cyclist like you is struck by a vehicle, a claims adjuster for the driver’s insurance company springs into action as soon as the accident is reported. Regardless of what the claims adjuster may say to you, he has one goal in mind, the purpose for which the insurance company hired him: to ensure that his employer has to pay you as little money as he can manage, or none at all. To that end, insurance adjusters have a large playbook of tactics at their disposal, but a few tricks are particularly common – simply because they overwhelmingly tend to work against injured claimants who lack experience in dealing with insurance companies and injury lawsuits. By learning how to recognize these deceptive tactics and knowing how to respond, you can protect yourself from being unfairly denied the opportunity to receive the fair compensation you deserve.

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Topics: Bicycle Accidents, Pedestrian Accidents, insurance adjuster, insurance company, injury compensation

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