Personal Injury Articles for the Injured of NJ

Francis M. Smith

Esq., NJ Personal Injury Attorney
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Car Accidents and Collisions in NJ: Year End Review for 2018

Posted by Francis M. Smith on Wed, Feb 06, 2019

By Francis M. Smith

The start of a new year is a natural time for looking at past trends and reflecting on ways to improve them going forward. As a personal injury attorney with extensive experience handling cases involving automotive accidents, I tend to turn that reflective impulse toward collision trends, in the hope of gaining a better understanding of the causes of the accidents that affect my clients. The New Jersey Department of Transportation compiles statistical records of collision rates throughout the state, broken down by county. It’s no surprise that more heavily-populated and urban counties tend to see more auto accidents than their less-populous neighbors, but what is remarkable is the way some counties see major fluctuations in the number of collisions that take place from year to year, while other areas experience a fairly consistent rate of crashes. Understanding what causes those changes, and why they affect some counties more strongly than others, may help uncover ways to keep all New Jersey road users safer.

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Topics: Motor Vehicle Accidents, Distracted Driving, Car Accidents

New Jersey Reports on Injuries from Crashes from 2017

Posted by Francis M. Smith on Mon, Feb 04, 2019

By Francis M. Smith

No motorist who is struck by another vehicle is likely to consider him- or herself “lucky” regarding any part of the incident. The fear and trauma resulting from the collision itself, the headaches of dealing with damage to the vehicle, and the pain and life disruption resulting from any injuries sustained are categorically awful experiences. The idea that “it could have been worse” is small comfort to anyone who has suffered an injury in a motor vehicle accident, but statistical trends are important to examine on a larger scale for what they can teach us about making roads safer in the future.

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Topics: Motor Vehicle Accidents, Pedestrian Accidents, Bicycle Accidents, injury compensation

Rear-end Hit Collisions are Considered Negligence in NJ

Posted by Francis M. Smith on Wed, Jan 30, 2019

By Francis M. Smith

When you are injured in an automotive accident involving another vehicle, your ability to collect fair compensation for your injuries relies on whether you can demonstrate that the other driver caused the accident through negligent behavior. In some cases, proving negligence can be a difficult task, requiring your attorney to collect witness testimony, pore over the statements given by both drivers, or even bring in experts to reconstruct the accident. However, there are certain types of collision in which it is much easier to argue for negligence.

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Topics: Motor Vehicle Accidents, Car Accidents, settlement compensation, negligence

Dangers of Slip and Falls During Freeze and Thaw Cycles

Posted by Francis M. Smith on Mon, Jan 28, 2019

By Francis M. Smith

In the immediate aftermath of a snowstorm, the bitter cold and piles of snow and ice make venturing outside a daunting prospect. Winter storms can leave behind dangerously slippery conditions for anyone traveling on foot, or even walking to their cars. However, when the temperature starts to rise a little, surely that’s a sign of safer walking conditions to come, right? Not necessarily. Warmer days and sub-freezing nights result in freeze and thaw cycles that, if anything, make it more dangerous to traverse sidewalks and driveways, rather than less.

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Topics: Slip and Fall, hazardous road conditions, Dangerous Premises, Dangerous Condition

Slip and Fall Injuries when Rain is Followed by Falling Temperatures

Posted by Francis M. Smith on Wed, Jan 23, 2019

By Francis M. Smith

The fact that snowy weather can create slippery conditions that increase the danger of falling accidents is not news to any long-time New Jersey resident. However, it’s much easier to forget that a brief stretch of 40-degree rainy weather can create conditions that are just as dangerous – if not worse – when the temperature dips below freezing again during the night. The rainfall may melt away any accumulated snow at the edges of roads and walkways, but very little of that moisture is absorbed into the cold winter air. Most of it lingers on the surface of sidewalks and driveways until the weather turns cold enough that the residual water re-freezes into a slick, near-invisible sheet of ice. If that isn’t perilous enough, even a dusting of snow can completely conceal the ice on walkways, making it harder for pedestrians to anticipate the presence of slipping hazards.

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Topics: Slip and Fall, Dangerous Condition, hazardous road conditions, Dangerous Premises

Falling is Leading Cause of Most Nonfatal Injuries

Posted by Francis M. Smith on Fri, Jan 18, 2019

By Francis M. Smith

No one who has lived in New Jersey for any length of time is surprised by the fact that snowy weather increases a person’s risk of slipping and falling. What may be surprising for many of us, however, is how great the effect of that increased risk can be, and how often these falls can lead to serious injury. While the best-case scenario for a fall on ice results in nothing more than damp dress or trousers and something to complain about for the rest of the morning, many falls cause injuries serious enough to warrant a hospital visit. In fact, the workload increase in emergency rooms during slippery, snowy days is comparable to the increase resulting from a major accident or moderate natural disaster, according to some studies.

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Topics: Slip and Fall, hazardous road conditions, Dangerous Premises, Dangerous Condition

Caution: Icy conditions cause falls, sprains, broken ankles

Posted by Francis M. Smith on Wed, Jan 16, 2019

By Francis M. Smith

For many people, the new year is a busy time, whether that means embarking on new projects or finishing up things that were put aside for the holiday season. Unfortunately, the bustle of new year productivity is all too readily derailed by a slip and fall injury. Freezing temperatures quickly turn any precipitation into a slipping hazard, creating prime conditions for ankle sprains and fractures.

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Topics: Slip and Fall, hazardous road conditions

Severe Burn, Inhalation and Explosion Injuries

Posted by Francis M. Smith on Fri, Jan 11, 2019

By Francis M. Smith

Fires and explosions are among the most profoundly terrifying kinds of accidents, both because of how suddenly a situation turns from normalcy to chaos, and due to the devastating injuries they can cause. Burn and inhalation injuries often involve lengthy hospitalization, extensive medical treatment, and permanent scarring. In light of these facts, it’s chilling to think how easily a bit of preventable negligence can result in such an accident.

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Topics: severe burn, inhalation injuries, explosion injuries

Injuries Caused by Negligent and Inadequate Security

Posted by Francis M. Smith on Mon, Dec 31, 2018

By Francis M. Smith

When most people hear the phrase, “premises liability suit,” they tend to think of slippery floors and cracked sidewalks resulting in patrons falling and being injured. The deliberate criminal actions of another private individual seldom conjure the notion of liability on the part of the property owner in an observer’s mind. However, every property owner has a duty of care toward visitors and patrons to maintain the premises in a reasonably safe condition to minimize the risk of foreseeable harm, and that includes providing adequate security measures in locations where patrons and visitors might be vulnerable to crime.

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Topics: premises liability, Dangerous Premises, negligent security

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

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