Personal Injury Articles for the Injured of NJ

Pre-litigation in Personal Injury Cases Explained

Posted by Francis M. Smith on Wed, Feb 20, 2019

By Francis M. Smith

For many people who suffer injuries in an automotive or other accident, their efforts to obtain compensation for their injuries are the first experience they have with civil courts and litigation. The procedures and jargon surrounding personal injury suits can be confusing to anyone encountering it for the first time, and that confusion only adds to the stress of dealing with serious injuries and the resulting financial pressures. As an example, an injured plaintiff might anxiously wonder what “pre-litigation” is, what role it plays in their pursuit of compensation, and how a suit can be successful even if it never moves past the pre-litigation stage.

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Topics: Car Accidents, Slip and Fall, Bicycle Accidents, motorcycle injuries, personal injury complaint

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, Bicycle Accidents, Pedestrian Accidents, injury compensation

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: Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents

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: Bicycle Accidents, Pedestrian Accidents, Bicycle Safety

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, injury compensation, insurance company, insurance adjuster

How is medical care for bicycle accidents’ and pedestrian accidents’ injuries covered?

Posted by Francis M. Smith on Fri, Sep 21, 2018

By Francis M. Smith

In the aftermath of any accident, your first priority should be to seek medical care for yourself and anyone else who suffered injuries. However, that critical step brings up its own series of concerns, starting with the question of how the medical treatment you receive will be paid for. If you were injured in an auto accident while driving or riding in a car, the answer is fairly simple, due to New Jersey’s no-fault insurance laws. But what happens when you’re struck by a car while walking or riding a bicycle? This is a much less familiar situation, and many injury victims who find themselves in an emergency room being asked for their insurance information don’t know the answer to it.

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Topics: Bicycle Accidents, Pedestrian Accidents

How does the Claims Process Work in Pedestrian and Bicycle Accident Cases

Posted by Francis M. Smith on Wed, Sep 19, 2018

By Francis M. Smith

When an injured client comes to me after a pedestrian or bicycle accident, their first question is often, “Do I have a case worth pursuing?” Once we discuss their accident and determine that they have a strong enough case, the next question tends to be, “How does all this work, and how long will it take?” This is a question that can be both easy and difficult to answer: easy, in that the basic structure and sequence of events remains much the same for most injury cases – difficult, in that the details of every case are unique and may cause different steps to take more or less time than average.

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Topics: Bicycle Accidents, Pedestrian Accidents, settlement compensation

Rising Pedestrians and Bicyclists Hit-and-run Crash Deaths Alarm Communities

Posted by Francis M. Smith on Mon, Jul 30, 2018

By Francis M. Smith

The number of people choosing to walk or bicycle instead of drive, either as part of their daily commute or for other excursions, has increased – in part due to the health benefits of being active. Unfortunately, sharing the road with other vehicles without the protection of a car has its dangers as well as its salubrious effects. There is a rising trend of fatal hit and run accidents involving a pedestrian or cyclist being struck by a car, giving pause to even the most health-conscious jogger or cyclist.

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Topics: Bicycle Accidents, Pedestrian Accidents, Bicycle Safety

What Do You Need to Report in the Emergency Room following a bicycle or pedestrian accident?

Posted by Francis M. Smith on Mon, Jul 23, 2018

By Francis M. Smith

There exists a wealth of advice on the internet describing what a person should do if they’ve been hit by a car – but the immediate aftermath of an accident, when you’re on your way to the emergency room after being struck by a vehicle while walking or cycling, is not the time for extensive checklists. When you are struggling with the stress, pain, trauma, and disorientation of a serious accident, the way forward needs to be simple and clear. So here it is. The first time you see a doctor for your injuries, whether it’s in the emergency room, at an urgent-care center, or with your family physician, there are really only two things you need to remember to communicate in order to protect your rights in any eventual injury claim:

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Topics: Bicycle Accidents, Pedestrian Accidents

Bicycle Safety

Posted by Francis M. Smith on Fri, Jul 20, 2018

By Francis M. Smith

Summer has arrived, bringing with it warm weather, long sunny days, and the end of the school year. All of these make the summer months an ideal time for occasional cyclists to drag their bikes out of the garage, and dedicated riders to increase their routes. Summer is also an excellent time to take a moment to review bicycle safety practices, in order to stay safer while sharing the road with cars and trucks.

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Topics: Bicycle Accidents, Bicycle Safety

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