Author: Davis, Saperstein & Salomon, P.C.

If you live in New Jersey and you are thinking about operating your own uninsured passenger car or SUV, here’s some free legal advice: “DON’T.”

In New Jersey, if you get into an accident while driving your car without automobile insurance, you may lose your right to sue the careless driver, and you may lose your right to New Jersey no-fault insurance and personal injury protection benefits. The law is pretty strict about this. If you own an uninsured car and get hurt in a car accident, you usually can’t sue for your injuries. This restriction even includes the ultimate injury… death. That is because New Jersey requires all vehicles to be insured, at a minimum, for limited medical coverage. The New Jersey law that applies to uninsured, negligent drivers is Rev. Statute. N.J.S.A. 39:6B-2, which is meant to severely punish those who do not renew their automobile liability insurance. The law is so strict that it even requires garaged cars and inoperable cars to be registered and insured.  

Another reason to maintain liability insurance is that if you are uninsured and you cause an accident, you can be ticketed for the offense. The Municipal Court penalties can be quite serious, especially for second offenses. Penalties include steep fines, license suspension, imprisonment, and community service.  

Even if you did not cause the car accident, the standard is whether you knew or should have known that the vehicle was uninsured.  

The Recent Court Decision

A recent court case in New Jersey highlighted this issue. On October 26, 2019, Najim Memudu was driving his uninsured car when he got into an accident on the New Jersey Turnpike. While he was looking for his phone in his car after the first accident, another car crashed into his vehicle, and he was tragically killed. Subsequently, a wrongful death case was brought against both negligent drivers.

Both Defendants filed Motions asking the Court to dismiss the case because the Plaintiff, Mr. Memudu, was uninsured. When a Motion such as this is filed, the Court has to decide if Memudu could be considered to be “operating” his uninsured car at the time of the second accident. The law, N.J.S.A. 39:6A-4.5(a), says that you can’t sue for your injuries if you are operating an uninsured car when you get hurt. However, the court decided that Memudu was not operating his car during the second accident because his car had already been disabled from the first crash. He was just looking for his phone, not driving or trying to drive.

Judge Joseph L. Marczyk explained that the key issue was whether Memudu was “operating” his vehicle at the time of the second accident. The court concluded that he was not because his car was inoperable, and he had no intention of driving it. The judge emphasized that the language of the statute is clear and unambiguous, and it did not apply to Memudu’s situation.

The defendants and their insurance companies argued that the statute should apply because Memudu’s uninsured vehicle was involved in a double-impact accident. They cited a previous case, Perrelli v. Pastorelle, where the statute was applied to the owner of an uninsured vehicle who was injured while a passenger. However, the court found that this case was different because Memudu was not operating his vehicle or intending to operate it at the time of the second accident.

When You Can Sue

You can still sue in some situations, even if you own an uninsured car. For example, if you were not operating the vehicle at the time of the accident, like in Memudu’s case, you might still have a chance to sue. In fact, if a person is injured while operating an uninsured motorcycle, they can still sue. According to Garry R. Salomon, founding partner at New Jersey’s Davis, Saperstein & Salmon, P.C. and author of the book titled  “The Consumer’s Guide to New Jersey Personal Injury Claims: “Each case is different and highly fact sensitive, so it’s important to talk to an experienced and  qualified personal  injury lawyer to understand your rights.”

Contact Our Attorneys Today to Learn More About Your Rights

This case shows how important it is to maintain car insurance in New Jersey. If you own a car, make sure it is insured at all times to protect yourself, your family, and others on the road.

If you or a loved one has been injured in an accident, the law firm of Davis, Saperstein & Salomon, PC is here to help. With offices in New Jersey and New York, our experienced attorneys can guide you through the legal process and fight for your rights. Contact the firm today by calling 1(800)529-2000 for a free consultation.

The post Can You Sue for Personal Injuries in New Jersey if You Own an Uninsured Car? appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/can-you-sue-for-personal-injuries-in-new-jersey-if-you-own-an-uninsured-car/
via https://www.dsslaw.com/

What information do you exchange after a car accident, and why is it essential to get the correct information? New Jersey law says you must exchange information after a car accident, and if you don’t get all the info, you might have trouble with your car accident claim.

For help figuring out what to do after a car accident, call our Edison car accident attorneys at Davis, Saperstein & Salomon, P.C. With more than 40 years of experience, we’ve secured over $1 billion in verdicts and settlements for our clients. Our winning track record of success says all you need to know about our firm.

If you have questions about what to do after your car accident, you’ve come to the right place. 

What Information Do I Need to Exchange After a Car Accident?

According to New Jersey law 39:4-129, you must give your name and address to the other driver. You must also display your license and registration certificate. In addition to these legal requirements, it’s a good idea to photograph the following information from the other driver:

• Phone number
• Driver’s license  
• License plate numbers and car tag numbers
• Make, model, and descriptions of vehicles
• Insurance policy information
• Accident scene photos

If you can, also get nearby witnesses’ names and contact information. 

If you hit a car and no driver is present, you should secure a written notice with your name and address to the vehicle that was hit. If your car was damaged and no driver was present, you should file a police report and report it to your insurance company to make an uninsured motorist property damage claim.

Why Is It Important to Exchange Information After an Auto Accident?

Not only is exchanging information required by law, but it’s a crucial step toward recovering compensation for your losses. 

In New Jersey, you can file a claim with your own insurance provider (first-party claim) or, if the other driver is at fault, the other driver’s insurance (third-party claim). If the other party is at fault, you will need their information to pursue compensation from them. If you don’t have their information, proceeding with a legal claim will be much more complicated. 

What If the Other Driver Doesn’t Have Insurance?

This partially depends on the type of insurance you have. If you have a standard insurance policy, your own insurance company might be able to cover your damages and loss. However, if you only have a basic policy, accidents with uninsured or underinsured drivers may not be covered.

In any case, you should still exchange information with them and consult with an attorney. An experienced New Jersey car accident lawyer who knows the local system can help you thoroughly explore all possible avenues of compensation. 

Contact an Experienced New Jersey Auto Accident Attorney Today

Knowing what information to exchange after a car accident in New Jersey is vital to recovering the compensation you deserve. 

Remember that the insurance companies want to save money. If they’re not abiding by the terms of their policy towards you, you need an aggressive and experienced personal injury attorney who’s ready to fight for what you’re owed. 

Contact our firm today to learn about your options. Even if you didn’t get all the driver’s information or the other driver doesn’t have insurance, it doesn’t hurt to learn more about what you should do next. The consultation is free, and we don’t charge fees unless we win. 

We’re happy to meet with you at one of our offices or virtually via Zoom, FaceTime, or Skype. We speak Spanish and have translators for many other languages if needed. 

The post What Information Should I Exchange After an Auto Accident? appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/information-to-exchange-after-auto-accident/
via https://www.dsslaw.com/

Hidden injuries, also known as delayed onset injuries, are conditions that initially go undetected after an auto accident. Injuries can be deceptive, as the shock and trauma of an auto accident can mask pain and other symptoms. Even if you seek medical attention immediately after the accident, the medical team may miss certain injuries and ailments. If you were involved in an auto accident and have subsequently developed delayed onset symptoms, you may need a car accident attorney to help you seek the fair compensation you deserve.

If you’re looking for an attorney to help with serious injuries and symptoms that appeared after a car accident, you’ve come to the right place. The New Jersey car accident attorneys of Davis, Saperstein & Salomon, P.C. have over 40 years of experience helping the injured, and we’ve recovered over $1 billion in successful results for our clients. Contact us today to learn more about your rights. 

Symptoms of Delayed Or Undetected Injuries

Many people notice numbness or tingling as the first symptom of delayed or undetected injuries, especially in the back, arms, and legs. This numbness or tingling may be the first manifestation of nerve damage or compression, a herniated disk, or other soft tissue injury. 

After this initial numbness, an accident victim may begin to experience:

•  Pain 
•  Headaches
•  Extreme stiffness
•  Difficulty standing or sitting 
•  Muscle spasms
•  Changes in memory and cognitive abilities
•  Changes in personality or mood regulation

What Car Accident Injuries Can Be Delayed Or Go Undetected?

The most common delayed onset or undetected accident injuries are spine injuries, brain injuries, emotional trauma injuries, and blunt force injuries.

Spinal Injuries 

Motor vehicle accidents are the leading cause of spinal cord injuries in the United States, according to the National Spinal Cord Injury Database. The extreme force unleashed by a traffic collision can crack vertebrae, sever the delicate spinal cord, and damage the soft tissue protecting both. Some of the most common delayed onset spinal injuries include:

• Fractures – The blunt force of a collision may cause the bones in the spine to break, crack, or hairline fracture. Spinal fractures often occur in the upper spine, around a seat belt restraint.
• Herniated Discs – Spinal discs protect the vertebrae and absorb shocks and injuries before they can damage these bones. A herniated (or damaged) disc allows fluid to leak into the spinal area, leading to numbness, tingling, and pain, especially in the lower back.
• Whiplash – Whiplash is a neck injury that occurs when the neck and head are whipped forward and quickly backward. This whipping movement can damage the soft tissues of the neck and the highest portion of the spine, leading to pain and dizziness. 

Brain Injuries

Traffic accidents are also the third leading cause of traumatic brain injuries (TBIs), per the National Institute of Neurological Disorders and Stroke. TBIs may show up months after a car accident and are often overlooked during medical evaluations after the accident.

Among the most common car accidents are:

• Direct Impact Injuries – This type of injury involves the direct impact of the head by a foreign object. It may involve a visible contusion (cut) and bruise, though sometimes damage may occur without external injury.
• Coup and Contrecoup Injuries – Sudden stops or changes in direction during a crash led to coup and contrecoup brain injuries. As the accident occurs, the brain will “crash” into the skull at the point of impact (coup) and then swing into the opposite end of the skull (contrecoup). 
• Diffuse Axonal Injuries – The whipping motion that leads to whiplash can also damage the brain, especially when the motion is severe. Whipping injuries can cause a shearing of the brain’s connecting fibers, called a diffuse axonal injury (DIA). 

In describing the severity of brain injuries, medical professionals will assess the injury as mild, moderate, or severe, as follows:

•  In a mild brain injury, the patient either does not lose consciousness or only briefly. 
•  In a moderate brain injury, the patient loses consciousness for a few minutes to hours.
•  In a severe brain injury, the patient loses consciousness for several hours or more. 

Depending on their severity, a traumatic brain injury can lead to long-term effects such as:

•  Loss of cognitive function, including memory, speech, and language
•  Mood disorders, including depression, anxiety, and rage
•  Changes in movement and coordination, as well as the ability to see, hear, and taste

Emotional Injuries

Not all injuries are physical. Some of the most impactful might never show up on an imaging test. The trauma and distress of a severe accident lead many victims to develop debilitating emotional injuries like the following:

• Anxiety – Anxiety is common after a car accident. Those affected might be afraid to travel in a car, drive at high speeds on the highway, or go down a particular route. They may become very anxious about a loved one being harmed or having an accident.
• Post-Traumatic Stress Disorder (PTSD) – Post-traumatic stress disorder (PTSD) is a condition that occurs after a traumatic event. People with PTSD may have flashbacks and scary thoughts long after the incident. They may also feel anger, sadness, fear, or detachment. 
• Depression – Depression involves constant feelings of sadness and the loss of interest in activities and relationships. 
• Insomnia and other sleep issues – Insomnia involves difficulty falling or staying asleep. Changes in sleep habits are among the most common symptoms of underlying emotional injury following a collision.

Other Injuries

Any organ or body part can be damaged by the extreme force of a collision, including:

•  Knees
•  Shoulders
•  The back
•  The abdomen

This might mean a fracture, a shoulder injury, an internal organ injury, or another internal injury. If you find that you are feeling pain and disability after a car accident, your best course of action is to seek medical care. 

What To Do If You Suffered a Delayed Injury After an Accident

If you begin having symptoms after a car accident, your top priority should be getting medical attention. Next, contact an experienced personal injury attorney. The longer the delay between the accident and the development of your symptoms, the harder it will be to connect the two and claim fair compensation. A good lawyer will know how to investigate the incident thoroughly, work with experts to explain what led to the delay and pursue the money you deserve through a settlement or lawsuit.

Can I Claim Compensation for Delayed Auto Accident Injuries in New Jersey?

You can claim compensation for delayed onset injuries as you would for any other injury. You must make your claim within the period set by the statute of limitations on personal injury claims, which is two years.

Talk to an Experienced Injury Attorney in New Jersey Today

Are you dealing with delayed symptoms following a car accident in New Jersey? If so, contact Davis, Saperstein & Salomon, P.C. today for a free consultation. With over $1 billion recovered for our clients, our winning track record of success gives us the experience you can trust with your case. We have offices in New York and New Jersey and can meet with you wherever you prefer or virtually via Zoom, Skype, and FaceTime. Our attorneys speak Spanish, and we offer translations for over 11 languages, including Russian, Polish, Portuguese, and more. We’re ready to get to work for you. 

The post Common Car Accident Injuries that Might Go Undetected appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/common-car-accident-injuries-thats-undetected/
via https://www.dsslaw.com/

Our wrongful death lawyers discuss how a wrongful death lawsuit works in New Jersey.

Among the most challenging cases that our law firm handles involve the wrongful death of a loved one. Our attorneys realize that the surviving family members we assist are experiencing a mix of extreme anger and tremendous grief.

As their lawyers, our role is to show compassion while, at the same time, using our legal skills, experience, and resources to objectively and carefully evaluate their case and pursue the recovery they are due.

If you have recently lost a loved one in an accident, it may be helpful for you to get a better understanding of how a wrongful death lawsuit works in New Jersey.

You may be surprised to learn that, despite the emotional nature of these cases, New Jersey law permits the recovery of only actual financial losses in a wrongful death lawsuit. However, there are options to seek compensation for the pain and terror that the deceased suffered prior to their death, along with the trauma inflicted upon loved ones who witnessed an accidental death. Our New Jersey wrongful death lawyers can help you navigate this complex area of law after the loss of a loved one.

When Can a Wrongful Death Claim Be Pursued in New Jersey?

A wrongful death claim in New Jersey may be pursued when a person’s death is caused by the “wrongful act, neglect or default of another.”

A wrongful death lawsuit basically can be brought if the victim – called the “decedent” – could have brought a personal injury lawsuit against the negligent party that caused the injury if the victim had not died.

Like a personal injury claim, a wrongful death lawsuit requires proof of negligence. To establish a party’s liability, four elements must be shown:

• Duty – The party owed a duty of care to the victim. For instance, the party owed a duty to drive as a reasonable, prudent person and not place other motorists such as the victim at risk of injury.
• Breach – The party breached the duty owed to the victim such as driving at a dangerous speed on an icy road or driving while drunk or distracted.
• Causation – The party’s careless actions served as the proximate cause of the victim’s death. In other words, but for the party’s careless driving, the victim would not have been killed.
• Damages – As a result, those eligible to recover under the New Jersey Wrongful Death Act have suffered actual financial losses.

We will go into more detail about those damages below.

Who Can File a Wrongful Death Claim in New Jersey?

A wrongful death claim in New Jersey must be brought in the name of a personal representative of the victim’s eligible survivors. The representative may be the executor named in the victim’s will. If the victim has no will – a situation that often arises – then the representative would be the person appointed by a probate court to serve as the administrator of the victim’s estate.

The lawsuit is brought on behalf of surviving family members who would be entitled to inherit from the victim through New Jersey’s intestacy laws. In other words, financial recovery can only be sought by the surviving spouse and children.

To be eligible, the victim must demonstrate “actual dependency” on the deceased victim. In other words, a mere relationship alone will not suffice.

What Damages Can Be Recovered in a New Jersey Wrongful Death Lawsuit?

The types of damages that can be sought include:

• Loss of income – The amount of income that the victim would have actually earned and contributed to his or her survivors. An economist typically calculates this amount and provides expert testimony. The amount typically is determined by taking the victim’s income at the time of death (including fringe benefits) and multiplying it by the number of years in which the victim would have worked. Then, you must subtract income taxes the victim would have paid and the amount he or she would have used for “personal maintenance and expense.”
• Loss of services – The reasonable economic value – not the emotional value – of the loss of services, assistance, guidance, and training that the victim would have provided. Generally speaking, you have to provide evidence of what it would have cost if someone else provided these services. For example: What would a babysitter charge for looking after children? What would a maid charge for cleaning up the home? What would a therapist or business advisor charge?
• Reasonable funeral and medical expenses – These damages are established simply through bills and receipts.

The total amount of damages should reflect both the financial losses that the survivors have sustained up to the date of the settlement or verdict and the present value of any future financial losses.

The ultimate recovery may be offset by certain types of benefits the victim’s family may have received. For instance, the recovery may be offset by workers’ compensation death benefits that were paid to the family.

Emotional and Punitive Damages in New Jersey

The pain and suffering surviving family members endure after the unexpected loss of a loved one is unimaginable. However, New Jersey’s wrongful death law only allows family members to seek compensation for actual financial losses, called “pecuniary damages.” This means that emotional damages in a wrongful death claim are not awarded to the surviving family. Likewise, punitive damages are not generally awarded in an accidental death lawsuit in NJ. They are sometimes awarded when reckless behavior causes death, such as intoxicated driving.

However, it may still be possible to seek emotional damages in a different type of claim that would be pursued alongside a wrongful death claim in New Jersey. For example, surviving family members who witnessed the death and suffered extreme distress about it may be able to seek compensation for emotional damages through a claim for negligent infliction of emotional distress. Additionally, New Jersey’s Survival Act allows the deceased’s estate to recover damages for the pain and suffering the deceased individual endured immediately before death. If the estate recovers these damages, they become part of the estate and may be distributed to the survivors.

Our dedicated wrongful death lawyers will work closely with you to determine the best path forward. We can discuss filing these other types of claims and their potential success. We can also discuss how we can maximize the recovery of other damages, such as by showing the economic effect of the loss of household services, earning capacity, companionship, advice, and counsel caused by your loved one’s tragic passing. Having a knowledgeable attorney with a firm grasp of the law and its nuances is critical to successfully pursuing all available compensation.

How Long Do You Have to Bring a Wrongful Death Claim in New Jersey?

The period of time that one has to bring a lawsuit is called the “statute of limitations.” In New Jersey – as in other states – the statute of limitations depends on the type of case. For a wrongful death case in New Jersey, you typically must bring a claim within two years after the date of the victim’s death.

The laws in New Jersey regarding wrongful death suits are very strict. Despite the obstacles of the current New Jersey wrongful death laws, a skilled lawyer can study a person’s life and determine the true financial loss of not only future earnings, but the loss to the family of the society, companionship, and services of a loved one.

Although no amount of money can ever fully compensate a family for the loss of a parent or child, the process does provide a sense of justice, closure, and assistance.

An extensive amount of work goes into investigating and preparing a wrongful death lawsuit. So, it is important that you do not wait too long before contacting an experienced New Jersey wrongful death attorney at Davis, Saperstein & Salomon, P.C. if you believe that your loved one died due to the careless, reckless, or intentional actions of another.

This post was originally published in September 2015 and has been updated for accuracy and comprehensiveness in April 2024.

The post How a Wrongful Death Lawsuit Works in New Jersey appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/how-a-wrongful-death-lawsuit-works-in-new-jersey/
via https://www.dsslaw.com/

Although bus operators are trained to be professional drivers, like everyone else, they do get involved in collisions with other cars and pedestrians.  These events should not be referred to as “accidents” because most of the time the cause of the collision is preventable driver negligence.  On rare occasions, pedestrian negligence can contribute to the cause of collision if the pedestrian was distracted by texting while walking, or they crossed mid-block.

Pedestrian collisions caused by bus driver negligence can cause pedestrian injuries both inside and outside of the bus.  Interior passenger injuries occur due to premature door closing, sudden acceleration, sudden stops, slippery substances on the floor, or passengers being tossed about due to a motor vehicle collision.  Often bus collisions result in death or serious injury.  In 2023 there were 177 pedestrian fatalities in New Jersey.

Exterior injuries can be caused by collisions, or by failure to observe a pedestrian within a crosswalk or yielding to a pedestrian crossing midblock.  Pedestrians in a crosswalk have the right of way, however, for pedestrians crossing midblock to have a viable claim, they must prove negligence on the part of the bus operator for failing to observe the pedestrian.  Anyone who has ever stood at an intersection corner while a bus is turning is well aware of the way the bus creeps towards the corner as the bus turns.  This makes bystanders safely step back to avoid injury.

As a common carrier, bus operators are held to a higher standard of care.  Bus drivers are trained to make observations all around the bus prior to moving since pedestrians often run from all directions to catch the bus before it departs.  In other words, it is foreseeable that a potential passenger will cross mid-block, or even run across the front of the bus to get to the entry door before it closes.

Recently, on February 20, 2024, at 6:22 AM a 64-year-oldd man was unfortunately struck at the intersection of Madison Avenue and River Road in New Milford, by a New Jersey Transit bus causing injuries to the man. The cause remains under investigation by the Bergen County Prosecutor’s office.

Lawyers representing victims of bus accidents should have a certain level of expertise and sophistication in investigating and recreating bus collisions.  Often accident reconstruction experts are hired early on to canvas the accident scene for evidence and video footage.  If a bus accident involves a New Jersey Transit bus, it is necessary to file a special “tort claims notice” with New Jersey Transit since they are a public entity within the State of New Jersey.  This formality must be done within 90 days of the accident.  Failure to do so can likely jeopardize a claim.

For serious injuries, the county fatal accident squad often conducts the same investigation as they would for a wrongful death case.  The results of such investigation can only be released if the Prosecutor’s office determines that there is no criminality on the part of the bus operator.  No one should jump to any legal conclusions as to the cause of the accident pending the release of the final report, however, the injured man or his family should hire an experienced personal injury lawyer immediately to conduct their own investigation.  Quite often, a private personal injury law firm has the motive and resources to dig deep and uncover facts through a different lens than the police or prosecutor’s office when determining fault.  Injury law firms will generally accept a claim like this on a contingent fee basis shortly after an accident and will investigate and give counsel and advice to the injured person of their family free of charge, subject to payment only if there is a successful outcome.

Garry R. Salomon is certified as a civil trial attorney by the Supreme Court of New Jersey and is a founding partner of the injury law firm of Davis, Saperstein & Salomon, P.C.  He is an expert in bus and wrongful death claims.   He has successfully litigated bus fatality cases involving adults and children and has secured a settlement for a motorcycle vs. bus injury case of $5.4 million.   For further information, he can be reached at Davis, Saperstein & Salomon, P.C. at (201) 444-4444 or by visiting http://www.dsslaw.com. For further information regarding bus collisions, he can be contacted at garry.salomon@dsslaw.com.

The post Pedestrian Bus Accidents appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/pedestrian-bus-accidents/
via https://www.dsslaw.com/

A two-car crash in Bergen County led to one victim being urgently rushed to Hackensack University Medical Center with life-threatening injuries after the two vehicles collided on the rainy morning of January 25th, in Teaneck.

The crash occurred near the intersection of Sherman and Palmer avenues and resulted with one vehicle on the side of a home and deployed airbags. Dangers of Driving in The Rain: Driving in the rain can be deceptively dangerous. While it may seem like a minor inconvenience, rain can significantly impact your ability to control your vehicle and see the road ahead. Rain creates a slick surface that makes your tires lose their grip, increasing the risk of hydroplaning, making it difficult to steer or brake on time. This is why it is very important to maintain your distance in between cars to avoid rear-end collisions. Staying Safe in The Rain: If you must drive in the rain, follow these safety tips: Slow down: Adjust your speed according to the road conditions. The slower you go, the more control you have over your vehicle. Turn on your headlights: This will make your car more visible to other drivers, even during the day. Avoid sudden braking and turns: These can cause you to lose control of your vehicle and hydroplane or skid. Use your wipers: Keep your windshield clear to maintain visibility of the road ahead. Be extra cautious: Be aware of your surroundings and anticipate potential hazards. If the rain is too heavy and visibility is limited, it is best to pull over to a safe spot and wait for the rain to subside until visibility is clear.

What to Do If You’ve Been Hurt in a Two-Car Crash:

1. Ensure everyone’s safety:

• Check yourself and any passengers in your vehicle for any injuries. If anyone needs immediate medical attention, seek help from the police right away.
• Move vehicles if safe: If there are no injuries and both vehicles are drivable, move them to the side of the road or a safe location to avoid further traffic accidents.

2. Secure the scene:

• Turn on your hazard lights to alert other drivers of the accident.

3. Exchange information:

• Exchange contact and insurance information with the other driver involved in the accident. This includes names, driver’s license numbers, and insurance company information.
• Collect evidence of the crash by taking pictures of the damage to all vehicles, the surrounding scene, any road marks that resulted from the accident, and any visible injuries. If there are any witnesses to the accident, get their names and contact information.

4. Report the accident:

• In New Jersey, you are required to report any car accident that results in injury or death. Dial 911 or contact your local police department to report the accident.
• Contact your insurance company as soon as possible to report your accident and start the claims process.

5. Seek legal advice:

• The immediate aftermath of any vehicle crash can be stressful and confusing. If you sustained injuries or significant property damage, an experienced personal injury attorney can advise you of your legal rights and options, and help you navigate through the insurance claim process.

With the winter season in full effect, it is important to remain cautious and aware of slick roads resulting from rain, snow, and ice. If you’ve been a victim of a car crash in New Jersey, you deserve to seek full compensation for your financial losses. The personal injury attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience representing victims involved in car crashes and may be able to help you. Call us for a free consultation and case evaluation today at 201-444-4444. We’re here for you.

The post One Injured After Two-Car Collision in Bergen County appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/one-injured-after-two-car-collision-in-bergen-county/
via https://www.dsslaw.com/

Using your phone while driving, whether you’re texting, emailing, or calling, puts yourself and other drivers and pedestrians on the road at risk. In New Jersey, the first offense of talking or texting while driving has a minimum fine of $200, the second offense a fine of $400, and the third offense a fine of $600, a 90-day driver’s license suspension, and 3 motor vehicle penalty points. If you’re using your phone and driving and severely injure someone, you might face 6-18 months of jail time and a $10,000 fine. If the victim is killed, you might face 5-10 years in jail and up to $150,000 in fines.

Many New Jersey residents may not know that the victim would also have the option to sue not only the person texting and driving, but also the person texting the driver.

In 2013, the Appellate Division of the Superior Court of New Jersey held that the sender of the text message can also be liable if the plaintiff can show that the sender “knew or had special reason to know that the recipient would view the text while driving and thus be distracted”. This holding resulted from a tragic accident that happened on September 21, 2009, when a motorcyclist with a passenger were struck by a pick-up truck.

Linda and David Kubert were rounding the bend of Hurd Street in Mine Hill Township when they were struck by defendant Kyle Best, the truck driver. Best had been distracted and texting back his friend, Shannon Colonna. The Kuberts were seriously injured and both lost their left leg. They sued Best and received damages for their pain and suffering, but they also claimed that Colonna knew Best was driving at the time she texted him and so was also liable for the collision.

While they settled with Best, they lost against Colonna and appealed the Court’s decision, landing the case into the Appellate Division. The Appellate Division found that the plaintiffs’ attorneys weren’t able to show that Colonna had knowingly been texting Best while he was driving. But, they held that if she had known, she may have also been liable for the accident.

What does this mean for New Jersey residents? It means you should not text a family member or friend who you know is operating a vehicle, for their safety and to protect you from any legal consequences.

As the weather gets chillier and the sun sets earlier and earlier, it’s more important than ever to make sure your loved ones are driving safely and are taking all precautions.

Davis, Saperstein & Salomon, P.C. reminds all the importance of driving safe, sober, and without any distractions!

If you or a loved one have recently been injured in a car accident, the experienced attorneys at Davis, Saperstein & Salomon, P.C, may be able to help you. Please call us now for a free and confidential case evaluation at 1+ 833-464-0078, or chat with us online on our website, dsslaw.com.

The post Liability in Texting-and-Driving Cases appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/liability-in-texting-and-driving-cases/
via https://www.dsslaw.com/

During the early hours of October 21, 2023, shortly after midnight a fatal alcohol related car accident occurred in Teaneck that left two passengers dead and the intoxicated driver being charged with the death of his two passengers and possession of a controlled dangerous substance.  The senseless loss of two lives certainly could have been prevented with a decision to drink responsibly when one contemplates driving.  It is sad to say that in 2023 this preventable cause of death and injury still takes lives.  Teddy Mejia was apparently drunk when his 2021 BMW M850i crashed into a tree and flipped onto its roof on Teaneck Road near Bilton Street.   According to the Bergen County Prosecutor’s Office both passengers were pronounced dead at the scene.

Every time someone loses their life at the hands of a drunk driver it reminds Teaneck attorney Steven Benvenisti of his college spring break, when as a college senior while crossing a street in Daytona Beach, Florida he was struck by a drunk driver throwing him 70 feet into the air causing a brain injury and shattering his legs.  After 10 days in a coma, fifteen surgeries and 6 months of hospitalization he made a full recovery and went on to study law, becoming a New Jersey attorney, and member of the New Jersey Bar.

As a lawyer, he has made it his mission to be an advocate of those injured at the hands of drunk drivers.  He has been called upon to be the advocate by many families and people whose lives have been forever affected by drunk drivers. Often, we find that the cause of injury or death started because of the negligence of bartenders and other sellers of alcohol products, such as stadiums and concert venues.

But for Steven Benvenisti, saving lives begins with awareness.  He has shared his story in his book, “Spring Break: A True Story of Hope and Determination” and hundreds of times to groups of all ages and demographics with his presentation he calls, “The Most Significant Case of my Career,” where as a keynote speaker he recounts his personal motivational story to thousands of students throughout local high schools and colleges on the dangers of drunk driving through his iPledge campaign.  As a motivational speaker he has shared his story to judicial and trial lawyer conferences, along with medical conferences all over the world.

Aside from making the roads safer by eliminating alcohol related crashes and deaths through his seminars, he is an advocate for tougher laws and penalties as a deterrent to drunk driving.  He has testified many times before New Jersey Assembly and Senate committees and had been instrumental in passing lifesaving laws.  On a state and national level, Steven currently serves as the Chair of the New Jersey (Ny-NJ-PA) Advisory Board of Mothers Against Drunk Driving (MADD), and previously served on their National Board of Directors.

Steven Benvenisti also serves as the current President of the Board of Trustees of “The Brain Injury Alliance of New Jersey.” In this capacity, he works with professionals, dedicated staff, a board, volunteers, and community partners in providing service to over 10,000 New Jersey residents each year.

“For me its personal.  With more than 10,000 people still being killed by drunk drivers I speak for those who can no longer be heard to stop this senseless and preventable plague upon innocent people and their families,” said Benvenisti.    As we approach the holiday season, he has specific advice to those who enjoy alcohol and desire to drink responsibility:

• Always while sober choose or pre-arrange a designated driver. 
• For those traveling alone, use a taxi or public transportation going and coming. 
• Hand your keys over to another before you start drinking.
• If you are partying at a friend’s residence plan to stay overnight.
• Don’t ride with someone who had been drinking. 
• Watch out for your party’s guests by calling for them a UBER or LYFT.
• Never serve alcohol to anyone underage.
• Always plan ahead so that you can safely enjoy your evening.    
• If you have an alcohol problem…get help.
• Take my pledge that is… “If you are ever going to drink do not drive.”

Steven Benvenisti is a partner at the New Jersey injury law firm of Davis, Saperstein & Salomon, P.C. and is Certified as a Civil Trial Attorney by the Supreme Court of New Jersey and is a motivational speaker who can be contacted at 1-800-529-2000 or online at dsslaw.com.

The post Preventing Tragedy: Advocating for Responsible Drinking and Combating Drunk Driving appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/preventing-tragedy-advocating-for-responsible-drinking-and-combating-drunk-driving/
via https://www.dsslaw.com/

Every day in New Jersey someone is getting bit by a dog.  The owner of the dog usually tries to protect their dog as they would another family member.  For that reason, they try to blame the victim’s conduct or just ignore their own conduct by not keeping the dog on a leash.

What happens when a dog breeder/trainer sells a dog to a family and that same dog bites and severely injures a minor child whose parents now own that very same dog?

The New Jersey Appellate Division just answered that question in a New Jersey case called Frank  Barkosky, III et al vs. Weber’s Training School et al.

On January 4, 2020, Frank Barkosky adopted a dog for his family that was trained for 10 months by defendant Weber’s Dog Training School. Sadly, just two days after the dog was adopted, the dog attacked and bit the dog owner’s minor child.

The father, whose family owned the dog, sued the training school and its owner alleging negligence, misrepresentation, and violation of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227. The father on behalf of the child bit by the dog  also claimed defendants falsely represented to them the dog was good with children and adults and that Blaze’s previous owners had children.” They further alleged defendants were aware “Blaze had previously exhibited dangerous behavior” and that the trainers intentionally failed to disclose Blaze’s “vicious propensities” and that they “had not given Blaze a professional temperament test.”

The Defendant training school and its owner then sued the father in a counterclaim under the NJ Dog Bite Statute, N.J.S.A. 4:19-16.  The New Jersey Dog Bite statute states:

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

New Jersey Dog Bite Laws

The New Jersey Dog Bite Statute is a Strict Liability statute which means if the elements in the statute are met, the dog owner is liable.  The plaintiffs sought to dismiss the counterclaim under the doctrine of parental immunity which generally immunizes parents from claims brought by children unless their actions were willful or wanton.  The Appellate Division agreed with the defendants that the injured child’s parents could be liable as the owners of the dog that bit the plaintiff.  The court sent the case back to the trial court where it is currently pending.  So, now the child’s parents are defendants as well.

The court is basically saying that the parents should have the same responsibility as the owner of the dog as would an unrelated third party who owned a vicious dog.  The problem here is that most homeowner policies exclude resident family members from coverage to pay homeowner claims to other resident family members.

From a lawyer’s point of view, if this case ever goes to trial the defendant’s tactics may backfire in that it may inflame the jury against the dog trainer lawyers and seller for bringing the parents into the lawsuit.

The bottom line is dog bite cases are not necessarily easy cases. It’s best to hire a lawyer skilled in filing suit and suing dog owners for their dog bites.  These cases can have a high value, but there are a lot of dog owners and dog lovers out there, so jury selection is key.

Some other advice is that after the attack, it is best to make a police report so that the police identify the dog owner and can follow up on the animal’s veterinarian records.  Photos should be taken of the bite mark daily. All medical bills should be saved as part of the claim and should be provided to the best dog bite lawyer you can hire to sue on your behalf.

Talk to Our Experienced Dog Bite Lawyers in New Jersey and New York Today

The New Jersey and New York injury lawyers at Davis, Saperstein & Salomon, P.C. have for decades represented adults and children attacked or bitten by dogs and have won settlements and trials for their clients who often suffer scars and injuries to their faces. These cases are handled on a percentage contingency fee which is usually 1/3 of the settlement or at a reduced legal fee of 25% for children attached by dogs.  If for some reason the case is lost, then the attorneys are not entitled to a legal fee for their services.

If you or a loved one has been the victim of a dog bite in New Jersey or New York, contact our experienced dog bite lawyers today for a free consultation.

The post Can a Dog’s Seller or Trainer’s be sued after they Sold or Trained a Dog? appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/can-dog-sellers-or-trainers-be-sued-after-they-sold-or-trained-dog/
via https://www.dsslaw.com/

Teaneck, NJ: The personal injury law firm of Davis, Saperstein & Salomon, P.C. is honored to be selected as Reader’s Choice #1 Lawyers by the publishers and readers of the Jewish Standard, a newspaper serving North Jersey’s Jewish community for over ninety years. This remarkable achievement not only publicizes the firm’s dedication to legal excellence and client satisfaction but also highlights the unique journey of its founders, who began as childhood religious school friends at the Bergenfield-Dumont Jewish Community Center.

Davis, Saperstein & Salomon, P.C., a personal injury law firm serving injured clients in NewJersey and New York was established in 1987 and has over the years, through its thirty injury lawyers, amassed a string of seven and eight-figure settlements and verdicts. In August of 2023, founding partner Samuel L. Davis was recognized by the New Jersey Law Journal as having achieved the largest reported personal injury settlement in New Jersey during the Court’s 2022-2023 term as part of its reporting of New Jersey’s Top 20 personal injury awards.

As reported by the NJ Law Journal, the number one case involved an out-of-court settlement of $28 million on behalf of an electrician suffering burns from an electrical explosion. Davis would have made the same list a second time with another settlement involving a drowning but for a confidentiality agreement. Sam Davis, a trial lawyer certified by the Supreme Court of New Jersey as a Civil Trial Attorney was also in the national spotlight in December of 2022 when Madison Square Garden employed facial recognition to bar all lawyers working at Davis, Saperstein & Salomon, PC, as well as other adverse injury lawyers from entry at any of its properties including several prominent restaurants and concert venues because of cases filed against Madison Square Garden. This policy backfired when one of the firm’s partners tried to take her daughter’s Girl Scout Brownie Troop on a field trip to Radio City Music Hall’s Christmas show. Unknown to the attorney, Radio City is a property of MSG and they employed facial recognition which alerted security only to eject attorney Kelly Conlon from the venue in front of her nine-year-old daughter and her fellow Brownies. Weeks later, attorney Sam Davis was barred from entry to an MSG venue further igniting a national debate about facial technology and a person’s right to privacy. Due to the public outcry and potential legal exposure, the Garden rescinded its anti-injury lawyer ban. Davis later settled the firm’s injured client’s slip and fall case involving MSG’s LAVO restaurant for $5.3 million.

Recognition by the Jewish Standard as its readers’ number one Law firm has special significance. Both Davis, Saperstein & Salomon, P.C., and The Jewish Standard are located in Teaneck.

Founding partners, Marc C. Saperstein, and Garry R. Salomon, both also certified trial attorneys together with the firm’s additional eight injury lawyer partners have amassed a substantial record of multi-million-dollar settlements and have been recognized by several national accrediting organizations. Through the years, the firm has been involved in some of America’s largest mass tort and class action cases.

The firm proudly does not turn away small injury cases because of its loyalty to its New Jersey and New York clients. According to its Managing Partner, Garry R. Salomon, “We built our firm from the ground up by representing all kinds of people suffering injuries, large and small and it’s been our honor and privilege to serve all of New York and New Jersey’s communities.”

For over thirty-five years, the partners, attorneys and staff of New Jersey and New York’s Davis, Saperstein & Salomon, P.C. have helped over 35,000 families achieve justice for injuries caused by the negligence of others. The firm’s success is based on many factors, including building strong client relationships as well as continuous education of its clients and staff. The firm has thirty injury lawyers, fifteen of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys. Davis, Saperstein & Salomon, P.C. can be contacted by phone at 1-800-LAW- 2000 or through email at info@dsslaw.com. The firm maintains offices throughout New Jersey and New York City and offers free and confidential consultations and second opinions.

The post Davis, Saperstein & Salomon, P.C. recognized as the “#1 Lawyers” in Jewish Standard’s 2023 Readers’ Choice Survey appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/davis-saperstein-salomon-p-c-recognized-as-the-1-lawyers-in-jewish-standards-2023-readers-choice-survey/
via https://www.dsslaw.com/