New Jersey Personal Injury Lawyer

Malls in America have an obligation to make sure that their property is safe for customers, patrons and visitors whether they are there to eat at a food court, shop, stroll around or attend a special event such as a concert.

Recent events at New Jersey malls, such a carjacking at Short Hills Mall that resulted in a death, is an example of the mall operator’s responsibility and obligation to keep all customers safe and secure. If they don’t, and someone gets injured, the mall can get sued for having negligent security.

This is especially true when special events can create foreseeable crowd control problems. Lessons learned from past stampede events at concerts must be considered well in advance by mall operators and other large venue’s security department. Failure to provide adequate security is negligence, plain and simple. Unsafe practices in other malls or events serve as warnings to mall operators to beware of things that can go wrong rather quickly and to take preemptive  action to avoid injury to concert ticket holders. You, as a mall patron, deserve to know that the operators and owners of a mall have your safety in mind at all times.

Live Nation Concert Series at American Dream Mall Poses Risks to New Jersey

Live Nation has announced its 2022 concert series at the American Dream mega-mall, with a list of popular artists, an impressive venue, and other experiences planned. However, some have raised concerns over whether the company that has faced multiple lawsuits over alleged safety violations can safely put on the concert series.

As the country still suffers from the tragedy at the November 5th, 2021, Astroworld Festival, the personal injury lawyers at Davis Saperstein & Salomon, P.C. pose the question:

Do the events at American Dream Mall threaten New Jersey’s public safety?

What To Expect at the Live Nation Concert Series at New Jersey’s American Dream Mall

Beginning with rapper and actor Ludacris on May 7, performers will also include DJ and producer duo Two Friends, Japanese rock band Band-Maid, and rappers Sheck Wes, J.I., and Lil Tjay. Along with the performances will be fan-to-artist engagements, pop-up shops, and launch parties.

If you also spend time at the mall, you can experience their theme park, water park, LEGOLAND center, ice rink, and ski hill. There are many other “events” that take place at the American Dream Mall, you can find the schedule here. With the large crowds and potential hazards the events may attract, you should take extra precautions to ensure your safety if you attend.

Live Nation Concert Lawsuits and History

The concert promoter has been in the news recently following the Astroworld Festival that resulted in the death of 10 people and hundreds of injuries. In a letter to Live Nation, members of a congressional committee question whether the “company took adequate steps to ensure the safety of the 50,000 concertgoers who attended Astroworld Festival.”

The current lawsuit against them for the Astroworld Festival has been combined into one case for a single judge, making up nearly 400 lawsuits representing nearly 2,800 victims.

This isn’t the first time Live Nation has been accused of safety violations. The congressional letter explains this “follows a long line of other tragic events and safety violations involving Live Nation.” Their history includes numerous fines and lawsuits “over safety issues at previous events,” including other incidents of stampedes.

A new lawsuit accuses Live Nation of “negligence that contributed to the killing of the rapper Drakeo the Ruler in December at the Once Upon a Time in L.A. festival.”

Potential Risks of Attending the Events at American Dream Mall

Unfortunately, there are several risks of injury when attending any event as large as the concert series at American Dream Mall. Depending on what causes your injury, many parties may be responsible, including the following:

• The venue
• Another concertgoer
• The security company
• The concert promoter
• The festival organizer

To pursue a personal injury claim after being injured at a concert or event, you’ll need to prove that:

• The liable party was responsible for providing you with a certain level of safety.
• They failed to take the proper precautions.
• Their negligence caused your injuries.
• You’ve suffered losses because of your injuries.
• A skilled personal injury attorney could help you prove these factors and pursue compensation for your medical expenses, lost income, and pain and suffering.

When to Contact a New Jersey Personal Injury Lawyer

If you’re injured at the American Dream Mall concert series or any other event, you may be able to seek compensation for your losses. A NJ personal injury lawyer can help you determine the responsible parties, collect evidence to support your case, and file a personal injury claim.

For more questions about your legal rights after an accident caused by someone else’s negligence, contact the experienced New Jersey personal injury attorneys at Davis, Saperstein & Salomon, P.C.

The post Live Nation Concert Series at American Dream Mall Poses Risks to NJ Residents appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/live-nation-concert-series-at-american-dream-mall-poses-risks-to-nj-residents/
via https://www.dsslaw.com

Davis, Saperstein & Salomon, P.C. has been named a Tier 1 firm in New Jersey for Personal Injury Litigation by U.S. News – Best Lawyers® “Best Law Firms” in 2022. Three lawyers at the firm were also recognized in the 2022 edition of The Best Lawyers in America®.

Garry R. Salomon, Marc C. Saperstein, and Samuel L. Davis were the three lawyers recognized in the 28th edition of The Best Lawyers® in America for Personal Injury Litigation – Plaintiffs. Garry R. Salomon was also voted the 2022 “Lawyer of the Year” in Hackensack, NJ for Personal Injury Litigation – Plaintiffs.

The firm itself was recognized for its experience in Personal Injury Litigation for Plaintiffs in New Jersey for the 12th edition of “Best Law Firms.” Davis, Saperstein & Salomon, P.C. was established in 1981 and now has more than 29 personal injury attorneys across their New Jersey and New York locations. They have proudly secured over $740 million in verdicts and settlements for clients, establishing them as some of the best personal injury lawyers in their area. Learn more about Davis, Saperstein & Salomon, P.C. here.

How Best Lawyers Winners Are Chosen

Best Lawyers® recognitions are determined only by peer reviews. Their method compiles opinions from the industry’s leading lawyers on their peers in their practice field and region. Once a lawyer receives high reviews from their peers, Best Lawyers completes a verification process.

“Lawyer of the Year” recognizes the attorney with the highest overall peer ratings in their field and area.Best Lawyers® and U.S. News & World Report award the “Law Firm of the Year.” They consider past “Lawyer of the Year” awards in the area, firms’ areas of expertise, and their size and coverage.

Best Lawyers® narrowed down 10 million peer evaluations to recognize 66,713 lawyers in 147 practice areas across the U.S. for the 2022 edition, representing 16,596 law firms. This includes only about five percent of practicing lawyers in the country, allowing them to recognize the most elite and top-rated lawyers. You can find more information about the Best Lawyers® selection methodology on their website.

About Best Lawyers®

Best Lawyers® was the first to develop a solution for reliable, unbiased legal recommendations. Since they began in 1981, they have grown their small list of names to an internationally recognized source for expert legal representation. They have remained the only purely peer-review publication rather than considering resume submissions and financial participation.They continue to strive to provide awards for the top legal representation across the U.S.

The post Davis, Saperstein & Salomon, P.C. Receives Best Lawyers® Awards for 2022 The Best Lawyers in America® & “Best Law Firms” appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/davis-saperstein-salomon-p-c-receives-best-lawyers-awards-for-2022-the-best-lawyers-in-america-best-law-firms/
via https://www.dsslaw.com

The New Jersey personal injury attorneys at Davis, Saperstein & Salomon, P.C. are proud to announce the launch of an interactive TBI resources page for traumatic brain injury survivors.

Traumatic brain injuries (TBIs) disrupt the usual function of the brain, usually due to a violent blow to the head. Many TBIs occur due to accidents caused by a negligent party, including car accidents, premises liability accidents, and workplace incidents.

Davis, Saperstein & Salomon, P.C. has advocated for TBI survivors since our firm was founded in 1981. Our innovative new page will provide victims and their families with the traumatic brain injury information they need to rebuild their lives.

Things You Will Find on Our New TBI Resources Page

A wide range of traumatic brain injury resources is available on the site. As you scroll down the page, you can view the latest TBI statistics regarding the prevalence of brain injuries by gender and race. You’ll also be able to view data about the most common causes of brain injuries.

The most important aspect of our page is our nationwide map of traumatic brain injury treatment facilities. Survivors of moderate to severe TBIs often require specialized rehabilitation and long-term care. Our interactive tool allows individuals to easily search for and locate brain injury rehabilitation centers in their area and review each center’s services. You can also read reviews of each facility written by TBI victims just like you.

Finding specialized care shouldn’t be a hassle, especially as you or a family member recovers from a severe TBI. Our new page makes it easy for TBI victims to seek out healthcare professionals who specialize in treating the physical, cognitive, and behavioral consequences of a brain injury.

Helping New Jersey Brain Injury Victims Since 1981

If you sustained a traumatic brain injury in an accident caused by someone else’s negligence, you could be entitled to recover compensation for medical expenses, lost wages, lost earning potential, property damage, and more. The traumatic brain injury attorneys at Davis, Saperstein & Salomon, P.C. have the knowledge and skills to pursue your desired results.

If you choose to work with us, our New Jersey injury attorneys will handle every aspect of your case on your behalf so that you can focus on your recovery. Call or contact us today for a free consultation with an experienced TBI lawyer.

Contact our TBI attorneys today for a free consultation.

The post Davis, Saperstein & Salomon, P.C. Launches New Interactive TBI Resources Page appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/davis-saperstein-salomon-p-c-launches-new-interactive-tbi-resources-page/
via https://www.dsslaw.com

The number of pedestrian and cyclist deaths have reached a crisis level in New Jersey, according to startling traffic data. By the end of 2021, 23 cyclists and 219 pedestrians had been killed in traffic accidents in New Jersey. This represented one-third of all traffic fatalities in the state for the year and the highest number of cyclist and pedestrian fatalities in New Jersey since 1989.

Families who have lost a loved one in a fatal car crash in New Jersey may turn to a lawyer for assistance with a wrongful death claim. The best bicycle accident lawyers in New Jersey will quickly get to work investigating the cause of the accident and pursuing maximum compensation against the at-fault parties. The New Jersey pedestrian accident lawyers at Davis, Saperstein & Salomon, P.C. are concerned about this recent trend and stand ready to help you seek justice if you or a loved one is harmed by a negligent driver.

Why Have the Fatal Crashes in New Jersey Increased Recently?

Safety advocates say that guidance and outreach for motorists are necessary to change the recent trend in increased fatal car crashes in New Jersey that involve cyclists or pedestrians. Additionally, they say that sidewalks are missing from many areas or those in place are not maintained well. They urge complete street plans to be implemented when roads are reconstructed.

Governor Murphy has taken note of the increasing number of fatal car crashes in New Jersey involving cyclists and pedestrians and has signed the “safe passing” law, which goes into effect in March 2022. This law requires drivers to move over one lane when passing pedestrians or cyclists or slow down to 25 mph if it is not safe to pass. The law is similar to the move-over law for first responders but applies to other vulnerable road users.

New Jersey Fatal Crash Statistics Over the Years

According to New Jersey State Police data, the number of cyclist and pedestrian fatalities in New Jersey car crashes for the previous five years include:

Year	Cyclist Fatalities	Pedestrian Fatalities
2021	23	219
2020	18	179
2019	12	176
2018	17	175
2017	16	183

Talk to Our Experienced Personal Injury Lawyers in New Jersey Today

If you lost a loved one in a deadly bike or pedestrian accident, the aggressive and compassionate New Jersey pedestrian accident lawyers from Davis, Saperstein & Salomon, P.C. are here to help. We have over 25 personal injury attorneys who are ready to support your case. We have already secured more than $740 million in verdicts and settlements for clients throughout New Jersey and New York and we are ready to put our skills to use on your case. Contact us today for a free consultation to learn about your rights.

The post Fatal Crashes Involving Cyclists and Pedestrians in N.J. at Highest Number Since 1989 appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/fatal-crashes-involving-cyclists-and-pedestrians-in-n-j-at-highest-number-since-1989/
via https://www.dsslaw.com

New York law bans the use of electronic cigarettes at school, including at all public and private schools and in vehicles used to transport students. 

You may have heard various terms to describe electronic nicotine delivery systems, such as electronic cigarettes, e-cigarettes, e-cigs, vapes, vaporizers, or vape pens. No matter what you call them, youth e cigarette use is dangerous.

The use of e-cigarettes has become increasingly popular, particularly among young people and high school students. Over a recent five-year span, e-cigarette use for high school students jumped from 10.5 percent to 27.4 percent, according to a report by the New York Department of Health, representing a staggering increase of 160 percent. Meanwhile, the rate of smoking regular cigarettes for high school students fell from 27.1 percent to 4.3 percent. Presently, e-cigarettes, also known as “e-cigs,” are the most commonly used cigarette product.

Tobacco use is the leading cause of preventable disease and death in the United States, according to the Centers for Disease Control and Prevention (CDC) . Almost all tobacco produce use begins during youth and young adulthood. Each year, the National Youth Tobacco Survey is administered to help determine the frequency of use. According to the most recent National Youth Tobacco Survey, 4.47 million students or 16.2 percent of all students reported tobacco product use within the last 30 days. This included 23.6 percent of high school students and 6.7 percent of middle school students. E cigarettes were the most commonly used tobacco product among middle and high school students. 

Dangers of E Cigarettes

E-cigarettes contain a battery, a heating element and a place to hold liquid that typically contains nicotine. The e-cigarette device heats the liquid until it vaporizes, and the user inhales the vapor into their lungs. While some think that “vaping” is safer than smoking traditional tobacco cigarettes, the fact is that nicotine exposure of any kind can harm adolescent brain development and lead to nicotine addiction.

Additionally, the American Lung Association reports that e-cigarettes contain a variety of harmful substances that can be dangerous when inhaled, potentially leading to irreversible lung damage and lung disease. These potentially harmful ingredients include propylene glycol and vegetable glycerin, which are toxic to cells. The more ingredients in e-liquid, the greater the toxicity level. The American Lung Association reports that e-cigarettes produce various dangerous chemicals, including acetaldehyde, acrolein, and formaldehyde, which can cause serious lung disease. The Surgeon General has also reported that when people use e-cigarettes, they produce secondhand emissions that can serious lung disease to others nearby.

In addition to adverse health effects, defective e-cigarettes can also cause fires and explosions resulting in serious personal injuries. Those injured by an exploding or otherwise defective e-cigarette may be entitled to file a personal injury lawsuit and seek compensation and money damages for their pain, suffering, financial losses and burn scars.

E-Cigarette Laws in New York

Many school campuses in New York and across the country were tobacco-free or smoking-free prior to the passage of recent e-cigarette legislation. Because e-cigarettes do not contain tobacco, they were technically permitted under New York’s Public Health Law. Thanks to New York Senator Patty Ritchie, the Public Health Law now also prohibits the use of e-cigarettes on school grounds and in vehicles transporting students.

The new Public Health Law is one of several measures that have been undertaken by New York to protect teenagers from the dangers of smoking and nicotine use. Senate testimony cites the following reasons for amending the law to ban e-cigarettes:

• E-cigarettes are increasing in use, particularly among young people.
• E-cigarettes supply the user with a steady dose of nicotine, known to be highly addictive and habit forming.
• E-cigarettes do not receive oversight from the U.S. Food and Drug Administration (FDA) and scientists still have a lot of learn about the health effects of e-cigarettes.

Additionally, New York prohibits the sale of flavored nicotine vapor products and the sale of all tobacco and nicotine vapor products in pharmacies. Lawmakers believe that flavored e cigs are responsible for the dramatic increase of the use of e-cigarettes by young adults. The New York State Department of Health says that 40 percent of high school students in the 12th grade are now using e-cigarettes and that this increase is largely driven by flavored e liquids. The New York State Commissioner of Health Dr. Howard Zucker says that children have been using vaping products at alarming rates due to the tobacco industry’s marketing efforts and that the ban on flavored nicotine vapor products will protect them. 

New Jersey also has laws in place that prohibit the use of e-cigarettes at schools and in other public places. New Jersey also prohibits the sale or distribution of the product to anyone under the age of 19.

The Impact of E-Cigarettes and Recent Legislation on Adolescents

The National Institute on Drug Abuse (NIDA) reports that while smoking rates have generally decreased during the last decade, e-cigarette use has risen sharply. Many attribute the increase in e-cigarette use to pervasive advertisements targeting young people that falsely claim that vaping is safer and healthier than smoking standard cigarettes.

There are more than 450 brands of electronic cigarettes currently on the market. They come in a variety of shapes and sizes. E-cigs usually utilize small canisters of flavored fluid and a battery powered heating element, which creates vapors that users inhale. The vapor contains nicotine, and users are able to control the amount they intake. When exhaled into the air, nicotine in aerosol vapors can impact others in the user’s vicinity, similar to secondhand smoke.

Laws limiting the use and availability of e-cigs have the following benefit. They help to

• Limit young people’s exposure to nicotine
• Prevent e-cigarette containers from being used to smoke marijuana or other types of drugs
• Reduce the likelihood of future cigarette smoking in teens. Studies show that students who start using e-cigs in the ninth grade are more likely to switch to standard cigarettes within a year

Electronic cigarette laws can also help prevent a dangerous and highly prevalent practice called “dripping,” which involves placing e-liquid drops directly on heated atomizer coils. Dripping can be especially dangerous because it results in a more intense flavor and can deliver larger amounts of nicotine into the bloodstream.

Concerns About Electronic Cigarette Use

The Centers for Disease Control and Prevention (CDC) state that while electronic cigarettes have the potential to benefit adults who are already hooked on nicotine, they are unsafe for young people, pregnant women, or those who do not currently use tobacco.

One benefit promoted by e-cigarette makers is the fact that e-cigs do not contain tar, which is produced by smoking traditional cigarettes. What these manufacturers don’t mention is that e-cigarettes may contain heavy metals such as nickel, tin and lead, along with other dangerous chemicals that are linked to increased rates of cancer and lung disease. E-cigarettes also often contain larger quantities of nicotine than standard cigarettes, which is widely known to be highly addictive, harmful to developing brains and toxic to unborn babies. If e-liquid is swallowed or absorbed through the skin, it can be lethal.

Another less common but still serious danger is the risk of a malfunctioning e-cigarette devices. The CDC reports that defective electronic cigarettes have caused fires and explosions, resulting in severe facial and hand burn injuries. The Food and Drug Administration notes that users are most frequently injured while the e-cig device is charging.

If an explosion or fire occurs while using or charging the e-cigarette, the FDA recommends reporting the incident, making note of the name of the e-cig manufacturer along with the brand name, model and serial number of the device and the location where it was purchased. Such quick action may result in a recall or discontinuation of sale of the potentially dangerous vaporizer or e-cigarette.

Have You Suffered an Injury or Illness Due to Electronic Cigarettes?

Electronic cigarette malfunctions involving fires or leaking nicotine fluids can result in serious burns and illnesses. If you have been injured by a defective e-cigarette, contact Davis, Saperstein & Salomon, P.C. Our experienced product liability attorneys can advise you on how to hold negligent e-cigarette manufacturers accountable and pursue compensation to cover your medical bills and other losses, such as pain, suffering and disfigurement.

Our law firm has been providing trustworthy, dependable legal representation for more than 30 years to clients throughout New York and New Jersey. Call or contact us online to request a free consultation to discuss your e-cigarette or vaporizer injury and legal options. There is no legal fee unless we obtain financial compensation for you.

 

This post was originally published in March 2018 and has been updated for accuracy and comprehensiveness in November 2021. 

The post New NY Law Prohibits E-Cigarettes at Schools appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/new-ny-law-prohibits-e-cigarettes-at-schools/
via https://www.dsslaw.com

This morning on my way to work I noticed something rather strange. There was no traffic heading east on Route 4 in Teaneck, NJ. It did not take much knowledge or wisdom to figure out something terrible was ahead of me headed west on Route 4 toward River Edge and Hackensack, especially when I noticed the flashing emergency lights of the police ahead of me near Teaneck High on Queen Anne Road. Preliminary reports are that the biker lost his life when he collided with a deer on the roadway.

Being a New Jersey injury lawyer, who has represented many clients and family members suffering from a loss, my heart goes out to the families, with my sincerest condolences. The one thing I learned as a motorcycle rider and motorcycle accident lawyer is that until a motorcycle collision is fully investigated, no one should jump to the conclusion that it was the fault of the motorcycle rider.

As I passed the accident scene, I initially observed the lights of a flatbed truck and some law enforcement vans. The Bergen County Police, and the Teaneck Police investigators were on the crash scene. Also present at every fatal accident, is the Bergen County prosecutor’s office fatal accident squad which consists of a team of highly trained accident reconstruction experts. My observation was that there were at least 10 other police cars, vans, and county trucks at the accident scene. The fatal accident unit carefully examines the scene for skid marks, and roadway marks from the gear, brake, or motorcycle handlebars. Drivers and witnesses are sequestered at the accident scene and questioned. Electronic digital surveying equipment carefully collects information using lasers to eventually map out the accident scene.

Whenever a death occurs on a New Jersey roadway it always results in a criminal investigation. The result is an ongoing criminal investigation causing no information to be released to anyone by the county prosecutor until they concluded their investigation and issued their official police report. Some information may be released to family members through county victim assistance programs. This often frustrates the family who desperately desires and wants details about their tragic loss.

What could the Bergen County Fatal Accident unit learn and find out about a motor vehicle accident with a deer? For one thing, there may have been another driver on the roadway that took action to avoid the deer cutting off the motorcycle rider or blocking his view of the roadway. Perhaps another driver hit the deer, and it was already lying on the roadway when the motorcyclist struck it. Could there be a monetary settlement from of a “freak accident” for the motorcyclist’s next of kin under those circumstances?

The answer is that a settlement could be quite possible. The deer is not capable of being found negligent. So, drivers of a car that collided with an animal, no matter how bad the accident, are not entitled to any settlement other than their medical bills, and lost wages under their auto Personal Injury Protection (PIP) policy. But what happens in the case of a deer caucus lying on the roadway, and another driver leaving the scene or another car that cut off the biker? Under those circumstances, the motorcyclist or a passenger on a motorcycle may be able to collect under their own auto insurance policy through its uninsured and underinsured motorist coverage. However, to prove that, may require a careful and skillful accident scene reconstruction.

Often, no criminal charges are filed, and the family seeks answers and justice by bringing a lawsuit by suing in the “Civil Division” of the court system. A skilled lawyer will immediately take action to preserve evidence, which may include the motorcycle’s maintenance records. He or she will contact the Prosecutor’s office to try to get some basic information so that the private lawyer’s firm will begin its investigation. Often, this will require a Superior Court Judge’s court order to provide information to the family’s lawyer so long as it does not compromise and ongoing investigation.

The finding of the prosecutor resulting in no indictment or criminal charges should never be interpreted that there was no other driver’s fault causing this wrongful death. That is because to obtain a criminal conviction the evidence must be “beyond a reasonable doubt.” To win compensation, or money, in a civil court the standard of proof is a preponderance of evidence meaning it was more likely than not that the biker was injured because of someone else’s negligence.

As drivers, we have seen motorcyclists speed, drive between lanes, pass on the right, and engage in other dangerous and reckless conduct. Yet, the truth is that most motorcycle operators are extremely cautious and responsible riders. People refer to motorcycle collisions or crashes as “accidents.” Often, they are not accidents but in reality, are needless deaths and injuries caused by car and truck driver negligence.

Motorcyclists most often ride with caution but are nevertheless blamed for their harm. Non-riders and even jurors seem to feel that motorcycle enthusiasts assume the risk of injury when they decide to ride a motorcycle or scooter. That is simply untrue. So long as the motorcyclist obeys the motor vehicle laws, he or she is entitled to the exact same protection and justice as anyone else sharing the roadways. Think about it. Shouldn’t pedestrians, bicycle riders, mothers and fathers pushing baby carriages, skateboarders, and others sharing or crossing the road be entitled to safety?

Not a Standalone Motorcycle “Accident”

One such motorcycle crash case illustrates how wrong it is to jump to a conclusion blaming the biker. Several years back, I received a call about a man in his early 50s who was driving through an intersection when he was hit by an ambulance with its sirens and lights activated. Fortunately, the motorcycle rider survived but with many broken bones and a mild traumatic brain injury. Our law firm accepted his case and believed in our client’s version about how the accident happened. Our internal motorcycle collision practice group carefully investigated the accident and concluded that the ambulance driver acted negligently as he approached the intersection by failing to observe the approaching motorcycle. After several years of investigations and litigation the ambulance owners admitted fault for cutting the biker off and accepted responsibility by paying him millions of dollars as part of a pre-trial settlement.

In another case, a Harley rider crashed into the back of a bus causing him to almost lose his leg and suffer neck and back injuries ending his career as a construction worker. The bus driver was proven negligent by failing to notice the approaching motorcycle. His assumption that the motorcycle was going to yield to the bus is what caused the bus to cut off the biker.

The Davis, Saperstein & Salomon P.C. clients, represent by Garry Salomon, Adam Lederman, and Manuel Sameiro and were able to win a settlement of several millions of dollars for each injured motorcycle rider.

Fair settlements do not restore life or heal injuries. What a settlement does is recognize a loss with money, as deserved compensation for the harms and losses suffered by an injured person or their survivors in the hope of providing closure and justice to the accident victim. Hundreds of years ago, families had to resort to an “eye for an eye” self-help remedies that too often included violence to extract revenge and closure.

In modern times, we have our courts to resolve disputes civilly between a plaintiff and defendant using money as a common denominator. And that’s why it’s called the “Civil Justice System. “

For more information about the civil justice tort system, contact Garry R. Salomon, certified as a civil trial attorney by the Supreme Court of New Jersey, partner in Davis, Saperstein & Salomon P.C, Teaneck, New Jersey, and head of the firms’ motorcycle litigation practice group.

The post Motorcycle Rider vs. Deer in Teaneck appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/motorcycle-rider-vs-deer-in-teaneck/
via https://www.dsslaw.com

Traumatic brain injury (TBI) is a leading cause of death and disability among children in New Jersey and throughout the country.

As the U.S. Centers for Disease Control and Prevention (CDC) reports, the rate of emergency room TBI-related visits is higher among children than among any other age group.

A traumatic brain injury can immediately affect a child’s cognition, which may be accompanied by a variety of physical side effects, too. However, the most alarming aspect of child brain injuries is the long-term impact.

Common Types of Childhood Head Injuries

Children are curious creatures. They may get themselves into potentially dangerous situations that result in a head injury.

However, not all brain injuries are the child’s fault. In some cases, a child may incur a head injury because of the negligence of an adult.

Some common causes of childhood head injuries include:

• Slip and fall accidents
• Car accidents
• Unintentional blunt trauma, such as being hit by an object
• Assault
• Sports-related injuries, including concussions that coaches and athletic trainers mismanage.
• Abuse

Around 475,00 U.S. children between the ages of 0 to 14 suffer traumatic brain injuries annually, according to an article in the journal Neurologia Medico-Chirurgica. Falls, abuse, and motor vehicle accidents were the leading causes of TBIs in children four and under. For children aged 4 to 8, falls and car accidents remained the top causes of traumatic brain injury, but other “transportation-related accidents,” such as bicycle crashes, are other top causes of pediatric TBIs.

Hospitalization is most common among adolescents, with car crashes serving as the most common cause of TBIs in teenagers.

When a child is involved in any of the accidents listed above, they may sustain the following types of brain injuries:

• Concussion (one of the most common brain injury types)
• Contusion (bleeding on the brain)
• Coup-contrecoup (an injury on both sides of the brain)
• Diffuse axonal (typically caused by shaking or forceful rotation)
• Penetration (where an object breaks through the skull).

Brain Injury During Childhood Can Affect a Person for Life

A brain injury can affect an individual’s life and health in three primary ways:

• Cognitive deficits – One of the most devastating consequences of TBI is related to a child’s ability to think, remember information, learn, speak and communicate, write and read, reason, and understand information. The injury can present a serious learning disability that sets a child back for years to come.
• Physical deficits – In addition to trouble with cognition, it is not uncommon for traumatic brain injuries in children to have a physical effect as well. Common physical deficits that a child may experience are problems with motor control, visual impairment, and problems with balance and coordination.
• Emotional deficits – Because of their underdeveloped brains, children often struggle with managing their emotions and understanding social cues. These are skills that are learned with time and acquired as the brain develops and matures. A TBI cannot only halt that process but also result in emotional deficits. A child who has suffered a TBI may cry frequently, experience depression or anxiety, suffer from behavioral changes, display aggression or violence, be unable to function in social settings, act out, and struggle from other emotional setbacks.

You can read more about the impact of both mild TBI and moderate to severe TBI on the CDC’s website.

What Are the Long-Term Effects of a Child Head Injury?

Time magazine reports that “the effects [of a brain injury] may be longer-lasting than researchers thought,” particularly in younger children who suffer from TBI.

The magazine reports on a study in which researchers followed 40 children, all of whom had suffered a brain injury between the ages of 2 to 7.

Most of the injuries were caused by a car accident or a fall. Those children with the most severe brain injuries showed the most severe deficits throughout the study.

The deficits researchers most commonly observed included difficulties in higher learning capabilities such as:

• Planning
• Reasoning
• Organization

The researchers also found how regions of the brain which control the higher learning skills are also the parts that develop fastest in life. Thus, any disturbance to normal growth in these regions can have a lasting effect on a child.

Because a child’s brain is still developing, a brain injury may be more devastating for the child compared to an adult. As such, brain development tends to lag after a brain injury rather than developing at the same pace it would have experienced before the injury.

While a child’s brain will continue developing in most cases following a brain injury, the brain cannot recover completely, the study found.

It is important to note that this research pertains to children with serious traumatic brain injury. Children who have suffered minor brain injuries such as mild concussions will likely not be as seriously affected.

Recovering Compensation for Your Family

If your child has suffered a brain injury, they must get the medical care needed to reduce the chances of long-term impairment. This may include working with therapists and specialists who can provide professional, supportive care.

In addition to medical and therapy bills that your family has incurred, your child may require extra tutoring to get caught up in school. The child may also suffer from a diminished quality of life because they cannot do the things they once loved, such as playing a favorite sport, engaging in a hobby, or socializing with others.

At the Davis, Saperstein & Salomon, our highly skilled traumatic brain injury attorneys can help your family pursue damages for your losses if your child suffered injuries due to someone else’s negligence.

Please use our online contact form to schedule a free case review with our experienced brain injury lawyers today. We serve clients throughout New Jersey and New York.

This post was originally published in November 2016 and has been updated for accuracy and comprehensiveness in November 2021.

The post How Traumatic Brain Injuries Could Impact Your Child’s Future appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/how-traumatic-brain-injuries-could-impact-your-childs-future/
via https://www.dsslaw.com

It’s easy to allow your emotions to get the best of you behind the wheel. Driving can be frustrating when you are stuck in traffic or cut off by someone more interested in a phone conversation than the road. But road rage and aggressive driving can lead to auto accidents.

In recent years, we’ve seen stories of tragic road rage accidents in the news locally. Many people heard about the newlywed N.J. man killed in a road rage crash this past summer. He was just 26-years-old.

We all have the potential to lose our temper, but turning that frustration into deadly driving behavior is not the answer.

What Qualifies as Road Rage?

The driving behaviors that constitute road rage depend on who you ask. Generally, speeding is recognized as the most common form of aggressive driving. Other examples include:

• Tailgating
• Unsafe lane changes
• Weaving in and out of traffic
• Passing on the right
• Honking your horn excessively
• Cursing or gesturing angrily
• Throwing items at other drivers
• Disregarding traffic signs and signals
• Chasing another vehicle

How Common Is Road Rage?

It’s difficult to quantify how many accidents are caused by road rage or aggressive driving. According to the Insurance Information Institute, aggressive driving is a significant factor in many accidents across the United States each year.

This issue has been ongoing for some time. According to the Institute’s analysis of National Highway Traffic Safety Administration (NHTSA) data, aggressive driving contributed to 56 percent of fatal crashes over a five-year period. A recent survey conducted by The Zebra revealed that 82 percent of drivers surveyed admitted that they had engaged in an act of road rage within the previous year, demonstrating just how prevalent the problem is across America.

One common type of aggressive driving that is easier to quantify is speeding. While motorists speed for a variety of reasons, driving too fast is frequently associated with road rage. According to NHTSA statistics, 9,478 people died in accidents caused by speeding in a single recent year, making it the leading cause of fatal crashes during that time.

Avoid Getting Agitated Behind the Wheel

Many people perceive New York and New Jersey roads as some of the most dangerous in the country. As a motorist on these highways and streets, you have a responsibility to remain level-headed. Stay calm even when other drivers are distracted, speeding, or otherwise getting under your skin.

Follow these tips to stay calm, cool, and collected.

1. Get plenty of rest. A study from the National Sleep Foundation found people who don’t get enough sleep may be more likely to drive aggressively.
2. Leave the house with ample time. When you are running late, slow drivers are more likely to annoy you. You’ll be more likely to speed, pass aggressively, and drive impatiently.
3. Don’t take it personally. When another driver cuts you off, don’t take it as a personal attack. Maybe it was a mistake, or they didn’t see you. Regardless of the cause, being insulted and angry about someone else’s driving won’t do any good.
4. Getting agitated while behind the wheel doesn’t have any positive effects. It won’t get you to your destination faster, and it won’t make other drivers comply with your wishes.
5. Have some manners. If someone needs to merge, let them in. If it looks like someone coming up on your rear is going too fast, move over and allow them to pass. When you practice being polite behind the wheel, other people’s driving behaviors are far less likely to frustrate you.

Get Legal Help from a New Jersey Car Accident Attorney Now

If you find yourself a victim of road rage, the New York and New Jersey injury attorneys of Davis, Saperstein & Salomon, P.C., may be able to help. Call us today to discuss your case and your legal options. You can reach us for a free consultation at 1-800-LAW-2000.

This post was originally published in December 2013 and has been updated for accuracy and comprehensiveness in October 2021.

The post Road Rage: How to Avoid Aggressive Driving Accidents appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/road-rage-avoid-aggressive-driving-accidents/
via https://www.dsslaw.com

Injury and death caused by driving under the influence of alcohol remains a serious health hazard affecting thousands of Americans each year. For us at Davis, Saperstein & Salomon P.C., the fight against drunk driving is personal. As a college senior, Partner Steven Benvenisti, Esq., a personal injury attorney was hit by a drunk driver while crossing a street in Daytona Beach, Florida. His head struck the vehicle’s windshield, and he was thrown almost 70 feet.

Steven suffered a traumatic brain injury, crushed bones, and severe internal injuries. The worst call a parent could ever imagine was the call from a Florida hospital requesting permission to donate his organs. While most worried that he would not survive, he miraculously did. He underwent 15 surgeries and spent five months in the hospital. Over two years, he relearned to walk, studied law, and passed the multi-state bar exam becoming a personal injury attorney and partner at Davis, Saperstein & Salomon P.C. Ultimately, Steven fully recovered from his injuries and became a motivational speaker saving lives and educating students about the dangers of drinking and driving.

A Personal Connection

Today, Steven’s commitment to MADD endures. He served as Vice Chairperson of MADD National and as a Board member for seven years. He currently serves on MADD’s New Jersey Board of Directors as its Chairperson and advocates for victims of drunk driving crashes.

Most of all, Steven is proud of his legislative accomplishments including the mandatory installation of ignition interlock devices which prevents convicted drunk drivers from driving under the influence of alcohol.

Sadly, drunk drivers claimed the lives of more than 10,000 people in a recent year and injured 300,000 more. At Davis, Saperstein, and Salomon, P.C., our DUI crash attorneys are passionate supporters of Mothers Against Drinking and Driving (MADD) and its longtime effort to curb impaired driving in the United States. Davis, Saperstein & Salomon, P.C. is an official sponsor for the NJ Walk Like MADD event. We encourage everyone to participate in MADD New Jersey’s Walk Like MADD fundraiser on Oct. 23.

More About MADD

MADD is a grassroots nonprofit organization that seeks to prevent drinking and driving, provides support to those affected by drunk driving crashes, works to stop underage drinking, and campaigns for stricter policies regarding impaired driving.

MADD was founded in 1980 in California when Candance Lightner’s teenage daughter was tragically killed in a drunk driving crash. Every U.S. state now has at least one MADD office, as do all Canadian provinces. MADD continues to provide alcohol safety education and also serves victims of drunk driving collisions.

Walk Like MADD Event

Every year, MADD hosts an annual event called Walk Like MADD, which takes place in states across the country, including New Jersey. This event is a time for the New Jersey community to come together to raise money and awareness for MADD’s cause, with the ultimate goal of bringing attention to the problem of drinking and driving and working to prevent it.

The New Jersey Walk Like MADD event will take place from 9 a.m. to 12 p.m. on Saturday, Oct. 23, at Saddle River County Park. You can check the event page for updates. If you have additional questions about the event, you can contact Tara Spohrer at tara.spohrer@madd.org.

Fighting Drunk Driving One Case at a Time

If a drunk driver injured you or a family member, turn to a legal team with personal insight into what you’re going through. Reach out to Davis, Saperstein, and Salomon, P.C. for a free consultation with an experienced and highly skilled lawyer. Call or contact us today.

The post Join the New Jersey “Walk Like MADD” Fundraising Walkathon Awareness Event appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/join-the-new-jersey-walk-like-madd-fundraising-walkathon-awareness-event/
via https://www.dsslaw.com

Biking is more popular today than ever before in New Jersey and across the country. Cycling increased steadily each year over a recent 13-year period, from 39.69 million to 48.88 million people who choose to bike regularly. The pandemic caused a further surge in cycling, with some cities seeing increases in cycling rates as high as 138 percent from the year before. There has also been a massive increase in the purchase of bikes and helmets. However, the increase in cycling has been accompanied by a high number of bike accidents with cars.

The Insurance Institute for Highway Safety reports that approximately 2 percent of motor vehicle fatalities are cyclists. 843 bicyclist deaths occurred in the most recent year reported by the National Highway Traffic Safety Administration. New Jersey falls somewhere in the middle for bicycle crash fatalities, ranked neither in the top 10 deadliest states nor safest states for cyclists, according to data aggregator Streetlight.

The New Jersey State Police reports that there were 17 bicyclists who were killed in motor vehicle accidents for the most recent year reported.

Statistics show that most of these fatal bike accidents occur in urban areas such as Teaneck and surrounding communities in North Jersey.

Additionally, bike accidents account for many injuries, which cause 1.2 million physician visits, 580,000 emergency department visits, and 23,000 hospital admissions each year, according to American Family Physician.

New Jersey Bicycle Laws

If you have joined the bicycling trend in New Jersey, you need to know the rules of the road, including the fact that you are required by law to follow the same traffic laws that govern motorists.

For example, you must:

• Signal before you make a turn.
• Stop at any red light or stop sign you come across.
• Give pedestrians in crosswalks the right of way.
• Stay at the accident scene and provide your contact information to the driver if you are involved in an auto accident.

By following these rules, you can protect yourself and others.

You should also familiarize yourself with other traffic laws that apply specifically to cyclists in New Jersey. These laws include:

• Any individual under the age of 17 must wear a helmet when riding a bicycle or being towed by a bicycle.
• Bicycles must be equipped with bells or other audible devices – but not sirens or whistles – which can be heard at least 100 feet away.
• Like motorists, bicyclists must keep to the right and ride in a single file line when on the road.
• Bicyclists who ride at night must equip their bikes with front headlamps that emit white light that can be seen at least 500 feet away and rear lights that emit red light for the same amount of distance.
• Bikes must have red rear reflectors.
• Bicycles must be equipped with brakes that make their wheels skid when braking on dry, clean pavement.

Certain municipalities in New Jersey have outlawed cycling on the sidewalk. You should check with your city’s local ordinances to determine if you are permitted to ride on the sidewalk. You can also take advantage of any bike lane that is available.

If your city has not outlawed riding on the sidewalk, use your judgment to determine whether it would be safer for you and others to ride in the roadway or on the sidewalk.

In areas with heavy pedestrian traffic, bicycling on the sidewalk can be dangerous. In towns that feature busy highways, the sidewalk may be the safer choice for a bicyclist.

Obeying these laws – combined with using common sense – is important when it comes to safe bicycle riding in New Jersey. You may be able to avoid a serious bike accident and being injured by following the rules for bicyclists outlined above.

Additionally, if you are a parent, you should talk to your children about the importance of wearing a helmet and observing other safety procedures while riding a bike. Talk to your kids about what to do if they are involved in a crash, such as:

• Calling the police to report the accident
• Noting information about the driver who injured them and their vehicle
• Cooperating with authorities when making a police report
• Requesting contact information for any witnesses at the scene
• Asking for insurance information from the at-fault driver
• Seeking immediate medical assistance after the accident

After an accident, be sure you keep up with evidence related to the accident, such as the police report, medical records, and employment records for the time you missed work while caring for your injured child. You should supervise young children on bicycles at all times. You should also instruct your older children about clear boundaries about where they may and may not ride.

Get Help from an Experienced New Jersey Bicycle Injury Lawyer

Even if you follow all relevant traffic laws and take all necessary bicycle safety precautions, bicycle crashes can still happen.

In the event you are involved in a bicycle crash involving a motor vehicle, knowing what to do in the days, weeks, and months that follow could be the key to securing a full and fair recovery of your damages.

After your bike accident, seek medical attention right away in order to get your injuries diagnosed and to receive any medical care you need. Then, contact an experienced New Jersey bike accident lawyer to discuss the next steps in filing a claim.

You can speak with a member of our legal team of New Jersey personal injury lawyers at Davis, Saperstein & Salomon, P.C., by calling us or reaching us online. We can provide a free, immediate consultation about your case.

This article was originally published in July 2016 and has been updated for accuracy and comprehensiveness in September 2021.

The post What You Need to Know About New Jersey Bicycle Laws appeared first on .

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/need-know-new-jersey-bicycle-laws/
via https://www.dsslaw.com