Tag: P.C.

Tragically, on the morning of July 2nd, a 24-year-old tow truck driver was struck by a passing car while towing a disabled vehicle at milepost 31.4 of I-287 southbound in Morris County, New Jersey. According to New Jersey State Police reports, the young man was standing outside his truck performing his duties on the right shoulder of the highway when he was struck. Emergency responders rushed him to the hospital, but sadly, he did not survive.

This heartbreaking crash is a reminder of how dangerous it is to stand near a roadway, and the real dangers that roadside and highway workers face every day as part of their jobs. Too many police officers, firefighters, construction workers, ambulance crew members, and tow truck workers have lost their lives or suffered severe injury while doing their job on a New Jersey highway. They likely will have both a personal injury claim against the driver that struck them, possibly an OSHA  violation claim against a subcontractor, and a workers’ compensation claim against their employer.

Understanding New Jersey’s Move Over Law

New Jersey’s Move Over Law requires drivers to safely move over a lane or slow down when approaching emergency vehicles, tow trucks, or highway maintenance workers that are stopped on the side of the road with their hazards on. Unfortunately, too many drivers do not follow or ignore this law, which can have devastating results, like in this most recent tragedy in Morris County. Accidents like the one on I-287 are preventable. The law exists to protect the lives of first responders, utility workers, and tow truck drivers who risk their safety every time they step out onto the highway. Violating the Move Over Law can lead to serious injury or death, so drivers have a legal obligation to be alert, cautious, and respectful of all roadside workers.

The 2017 New Jersey motor vehicle law, N.J.S.A 39:4-92.2  titled “procedure for motorist approaching certain stationary vehicles” says that when a driver is approaching a stationary emergency vehicle with flashing lights, the driver needs to move over to the next lane if it is safe to do so.  According to attorney Marc C. Saperstein, a founding partner of New Jersey’s Davis, Saperstein & Salomon, P.C., “ motor vehicle violations of this law are known as negligence per se and can be used to prove negligence against a driver being sued for money damages in a civil court of law.”

If you or a loved one has been injured in a motor vehicle accident or work-related incident, you’ve come to the right place. For over 40 years, Davis, Saperstein & Salomon, P.C. has been standing up for the rights of injured workers, car accident victims, and their families across New Jersey and New York. We fight to get you the justice and compensation you deserve after being injured due to someone else’s negligence, so you can focus on healing. For over four decades, our lawyers have represented police officers, firefighters, highway construction workers, and tow operators as their lawyers in civil and workers’ compensation lawsuits.

What Causes Highway Accidents?

Highway accidents in New Jersey can happen fast, especially when drivers aren’t being cautious near work zones, roadside workers, emergency vehicles, or disabled cars. Even the best drivers will make split-second errors, but these crashes are preventable, and they’re most of the time a result of negligence or carelessness.

Some of the most common causes of highway and work-related motor vehicle accidents in New Jersey include:

• Failure to observe pedestrians.
• Distracted driving (texting, talking on the phone, using GPS)
• Speeding or reckless lane changes, especially in heavy traffic
• Impaired driving, including alcohol, drugs, or fatigue.
• Failure to obey traffic signals, signs, or Move Over Laws
• Poor weather conditions or reduced visibility
• Roadway or roadside hazards

Whether you’re a roadside worker, another driver, or just a passenger, when someone’s negligent behavior causes an accident, injuries, damages, and past, present, and future losses, you have rights. Pursuing compensation isn’t just about money; it’s about accountability, justice, and making sure you have the resources you need to make a full recovery.

How an Attorney Can Help After a Highway or Work-Related Accident

Working with an experienced New Jersey personal injury attorney, or a New Jersey workers’ compensation attorney if injured on the job, can make all the difference. They are professionals who spend their lives understanding New Jersey Laws and the complex legal system, and they will help you navigate everything from insurance claims to medical treatment and lost income.

An experienced New Jersey personal injury lawyer will:

• Help you understand your rights under New Jersey’s personal injury and workers’ compensation laws.
• Investigate all liable parties, including negligent drivers, employers, or third-party contractors.
• Handle communication with insurance companies, so you don’t get taken advantage of
• Pursue full compensation for medical bills, lost wages, and long-term disability
• Ensure all claims and filings meet legal deadlines to preserve your case.
• Pursue claims against the wrongdoer for physical and mental pain and suffering.

After a serious accident, the idea of filing a claim or the legal system can be overwhelming, especially when you’re in pain or grieving a loss. Whether you were injured in a crash or hurt on the job, don’t wait. Getting legal help early gives your personal injury attorney or workers’ compensation lawyer time to investigate, preserve evidence, and file your claim before the statute of limitations expires. The right lawyer will help you understand your claim and take immediate action to build your case to hold others accountable for their negligence.

Over his 44 years as a New Jersey Certified Civil Trial Attorney and New York trial lawyer, Marc C. Saperstein, Esq., has helped thousands of accident victims win settlements or verdicts in complex truck and bus accident litigation, construction site injuries, product liability cases, and diet drug litigation. During his career, Marc C. Saperstein, Esq., successfully settled on behalf of his clients over fifty cases in excess of one million dollars. for his clients and their families’ damages. He is a past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ. For the past 18 years, he has served as Co-Chair and founder of the annual New Jersey Association for Justice’s Meadowlands Seminar, one of New Jersey’s largest gatherings of injury lawyers, drawing over eight hundred attorneys each year. In 2022, he was awarded the Gold Medal for Distinguished Service by the New Jersey Association for Justice (NJAJ). He has also been awarded an AV Preeminent rating from Martindale-Hubbell, which is the highest rating for a practicing lawyer based upon peer review endorsement. He has been selected as a New Jersey SuperLawyer by Thompson Reuters, for the past consecutive 15 years.

To speak with Marc Saperstein Esq., for a free, no-obligation consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime, Zoom. We have Spanish-speaking attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a strong case for you. Contact us today to get started.

Steve Cohen, Esq., a Partner and the Chairperson of the Workers’ Compensation Section of Davis, Saperstein & Salomon, P.C., has decades of experience dedicated to representing and helping injured workers get back on their feet. Steve Cohen, Esq., is a strong advocate and believes that on-the-job injuries are not just accidents but examples of negligence that demand justice and fair compensation. He authored a guide, entitled “Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim,” which was created to help injured workers in New Jersey and New York understand their rights under the workers’ compensation law and the benefits they are entitled to receive after a workplace injury. If you have been injured at work and would like a copy of the Workers’ Compensation Guide, you can click the link or call 201-907-5000 to request a copy free of charge.

For Rating Methodology See:

SuperLawyers                         Selection process – Super Lawyers

Top 100 Trial Lawyers            Contact Us – The National Trial Lawyers

NJAJ Board Membership       About New Jersey Association for Justice

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

SuperLawyers                         Selection process – Super Lawyers

201 Magazine                         Best of Bergen Community’s Choice Awards

Certified Civil Trial Atty        courtcaddy.com/nj/court-rules/r1-39.html

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

Let Us Help You Move Forward

At Davis, Saperstein & Salomon, P.C., we will investigate your accident, preserve evidence, speak to any witnesses, deal with insurance companies, and fight for your rights to receive full and fair compensation for your medical bills, lost wages, and pain and suffering.

Steven Cohen, Esq., is a highly experienced workers’ compensation attorney with a record of leadership and service in his field. He was the Secretary of the Executive Committee for the Workers’ Compensation Section of the New Jersey Bar Association and as Vice President of the New Jersey Advisory Council on Safety and Health. As a longtime member of the New Jersey Association for Justice (NJAJ), Steven has served as Co-Chair of its Workers’ Compensation Section since 2005. He has led numerous educational seminars for attorneys across the state. He is known for his knowledge of the law and genuine care for all of his clients, making him a trusted advocate for injured workers across the state.

 Contact us Today!

Being injured in a car crash or workplace accident is overwhelming. You may not know where to turn or how to get the help you need. That’s where we come in. As experienced New Jersey workers’ compensation lawyers and Morris County car accident attorneys, we’re ready to take on the burden of your case so you can focus on your recovery. With more than 35,000 clients helped and over $1 billion recovered in verdicts and settlements, our Teaneck, NJ-based law firm has earned a reputation for compassionate, effective legal representation.

To speak with Steve Cohen, Esq., for a free, no-obligation consultation or second opinion, he can be contacted at (201)-907-5000 or at Steve.Cohen@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime, Zoom. We have Spanish-speaking attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a compelling case for you. We’re here for you, 24/7, and you don’t pay unless we win your case.

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from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/tragic-i-287-accident-claims-life-of-young-tow-truck-driver-in-morris-county-newj/
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On Thursday evening, June 26, 2025, around 5:45 p.m., a serious crash shut down the intersection of New Bridge Road and Woodbine Street in Bergenfield, NJ. According to the Bergenfield Police Department, a Chevrolet utility truck heading south on Woodbine struck a parked car. That impact caused a mechanical failure where the accelerator jammed and sent the truck crashing into a utility pole, continuing through the intersection and slamming into three more vehicles. One vehicle overturned, and a traffic light pole was knocked off its base and fell on top of a car. In total, five vehicles were affected in the crash. Thankfully, all five adults in the crash only suffered non-life-threatening injuries. The damage still caused EMS, fire crews, and utility workers to close the intersection for hours, with New Bridge Road not reopening until almost midnight.

Even though preliminary reports suggest that no one was critically hurt, multi-vehicle crashes like this can lead to injuries, insurance disputes, medical bills, and complex legal questions. That’s why it’s so important for accident victims to know their rights and have someone on their side to fight for them.

Possible Defendants:

The legal analysis required from these facts can be a bit complex when presented to an experienced personal injury attorney.  The analysis starts with questions regarding the utility truck driver’s action, causing him to hit a parked car.  Was he negligent? Did he hit an illegally parked car?  Was there a mechanical defect in his truck causing his accelerator to stick?  Was the truck recently serviced by a repair shot?  Was the telephone pole that was struck too close to the curb?

The Injuries:

Then there are the injuries.  Often, accident-related injuries without any broken bones are typically called “soft tissue injuries.”  But it is not uncommon for these injuries to be far worse than fractures because injuries to the spinal discs, ligaments, and tendons often do not heal and are permanent.  They may typically require weeks, months, and perhaps years of medical treatment that may include physical therapy, pain management injections, and even surgery.

In most cases, if there are no fractures or bleeding, most people shrug off initial pain and even refuse to go to a hospital for evaluation.  Hours and even days later, pain sets in.  The body parts that show bruising start to hurt and stiffen.  The pain usually gets worse as the days pass by.  Pre-existing and age-related conditions could have been aggravated by this truck accident.

Most neck injuries are caused by the “whiplash” effect of being rear-ended.  Fortunately, seat belts prevent car occupants from hitting the dashboard or windshield; however, since seatbelts pin a person’s hips into the seat, the forward thrust of a person’s body will commonly cause a low back injury due to the force of the collision because their hips stay in place while their body was violently thrusted forwards or sideways.  And these neck and back injuries are often painful and may require surgery.

Insurance:

And then there are insurance questions.  Who is responsible for medical bills?  If a person’s injuries arose from a motor vehicle collision, then the injured person’s medical bills are paid by his or his resident relative’s auto insurance policy.  What about their lost wages, property damage, and rentals?  These are of immediate concern, especially when a car is declared totaled by an insurance carrier.  If they have collision coverage and if liability, meaning the cause of the accident, is in dispute, then it is best for them to get things started with their own insurance carrier.  They will get repaid from the at-fault insurance carrier.

The aftermath of an automobile collision may be overwhelming and can leave a person wondering what to do next. Having a lawyer can make all the difference in how they recover both physically and financially.

According to Garry R. Salomon, a former Bergenfield resident and Partner at New Jersey’s personal injury law firm, Davis, Saperstein & Salomon, P.C., “It is best to call a qualified injury lawyer as soon as possible for some free advice as to your options and to warn you about what to say or not to say on recorded lines and answering self-serving insurance company forms.”

Salomon’s firm has been helping injured drivers, passengers, and pedestrians for over 40 years, and with over $1 billion recovered in verdicts and settlements for our clients and their families, we’re here to help.  In fact, Garry R. Salomon co-authored, together with attorney Jeffrey E. Salomon, The Consumer’s Guide to New Jersey Personal Injury Claims 2^nd edition 2024, which is a book designed to help people who have been injured due to someone else’s negligence.  The book can be purchased on Amazon.com; or a free copy can be shipped by calling Davis, Saperstein & Salomon, P.C.

What are the rights of the utility truck operator?

The answer to that depends upon whether or not he caused the crash.  If he did, his employer’s insurance company would be responsible for all his losses.  As far as his on-the-job injuries are concerned, he will likely benefit by making a workers’ compensation claim against his employer and may receive a final cash settlement if he has permanent injuries.

Are Permanent Injuries Required?

The answer, as it pertains to the accident victims, is no, because in cases when a commercial vehicle, such as a utility truck, causes injuries, a person can sue for any and all injuries, whether permanent or temporary injuries.

Common Injuries After a Car Accident

After a car accident, it’s common for the accident victim to feel shaken up, but even if there are no visible injuries, that doesn’t mean that they are fine. Car crashes can cause serious long-term injuries, some with symptoms that take a while to appear. The first step after an accident should always be to get checked out by a doctor to make sure that they do not suffer from any underlying injuries. These injuries range and often include:

• Whiplash and neck injuries, such as ruptured or herniated discs
• Concussions and traumatic brain injuries (TBIs)
• Back and spinal cord damage
• Broken bones, like ribs or limbs
• Internal bleeding
• Skin lacerations, rashes, and bruising
• Dental injuries
• Psychological trauma and PTSD
• In extreme cases, death

These injuries can affect an accident victim’s ability to work, to socialize with their friends, to enjoy their hobbies – it can change their entire lifestyle. Medical costs add up quickly, and even with good insurance, they may still be left paying out of pocket. If their injuries were caused by someone else’s negligence, it is best for them to consult with an experienced and skilled New Jersey personal injury car accident attorney to see if they have the right to seek compensation before they sign away their personal injury claim as part of a property damage settlement.

How Can Accident Victims be compensated for their losses?

Generally, there are three types of damages recoverable

• Economic – medical bills, wage and salary losses, including future losses
• Non-Economic: physical and emotional pain and suffering for injuries, disabilities
• Property Damage Losses

How a Car Accident Lawyer Can Actually Help

Right after a crash, an accident victim’s main priority should always be their health. But once they are safe, the next steps can be confusing. Whose insurance pays for what? What if the at-fault driver’s coverage isn’t enough? How are they going to handle the medical bills, insurance, and normal life, all on top of trying to heal?

That’s where an experienced New Jersey car accident attorney comes in.

• Investigating the accident scene, speaking to witnesses, and getting the full police report and body cam videos under the New Jersey Freedom of Information Act.
• Identifying all responsible at-fault parties that contributed to the accident
• Communicating with insurance companies
• Gathering medical records and proof of damage
• Helping their clients recover from their injuries, money for medical expenses, lost income, property damage, and pain and suffering

A law firm such as Davis, Saperstein & Salomon, P.C. represents clients on a contingency fee basis.  This means that a client pays nothing unless the accident lawyer wins their case.

It is Important to Choose the Right Lawyer for Your Case

If you or a family member has been injured in a car accident and is looking for a New Jersey personal injury lawyer with a proven track record, you’ve come to the right place. At Davis, Saperstein & Salomon, P.C., we’ve been representing victims of motor vehicle accidents for over four decades. We’ve helped more than 35,000 clients recover the money they needed to get their lives back on track. And we’ve secured over $1 billion in verdicts and settlements on their behalf.

Contact Davis, Saperstein & Salomon, P.C. Today!

Whether it’s a five-car pileup like the one in Bergenfield or a rear-end crash on the Garden State Parkway or New Jersey Turnpike, we know what it takes to win. If you’ve been in a car accident in Bergenfield, NJ, or anywhere in Bergen County, don’t wait to get legal help. The sooner you talk to a qualified injury lawyer, the better your chances are of getting full compensation. At Davis, Saperstein & Salomon, P.C., we’ve been helping injured people stand up for their rights for over 40 years. We offer compassionate, skilled legal representation to ensure that you receive compensation for your losses.

Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation consultations and second opinions, and has offices throughout New Jersey and New York City.

About the author: For rating information, see:

Davis, Saperstein & Salomon, P.C.’s, founding and managing Partner, Garry R. Salomon, Esq., has successfully recovered multi-million-dollar settlements for victims of serious auto and truck crashes. During his career as a trial lawyer, he has earned awards and recognition for his legal accomplishments and devotion to his clients. He is certified as a Civil Trial Attorney by the Supreme Court of New Jersey an honor bestowed upon less than 2% of all New Jersey lawyers. The  National Trial Lawyers, an educational organization for trial attorneys has recognized  him in New Jersey as a member of the “Top 100 Trial Lawyers.”  In the past 201 Magazine has listed him as one of “Bergen’s Top Trial Lawyers.” For over 15 years, he has been selected  as a “SuperLawyers” by Thomson Reuters Corporation in its annual SuperLawyers list; and Garry Salomon has further been recognized by Martindale Hubble, a highly respected and reputable attorney peer review rating organization conferring upon him their highest rating as an “AV” rated attorney. For over 25 consecutive years, Garry has been a member of the Board of Governors of the New Jersey Association for Justice (NJAJ) and contributes twice a year to legal conferences and seminars attended by trial lawyers.

He is a co-author of The Consumer’s Guide to New Jersey Personal Injury Claims a clear, practical, and easy-to-understand guide to help New Jersey residents understand their legal rights after being injured due to someone else’s negligence. To request your own free copy of The Consumer’s Guide to New Jersey Personal Injury Claims call 1-800-LAW-2000.

For Rating Methodology See:

SuperLawyers                           Selection process – Super Lawyers

Top 100 Trial Lawyers            Contact Us – The National Trial Lawyers

NJAJ Board Membership       About New Jersey Association for Justice

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

SuperLawyers                           Selection process – Super Lawyers

201 Magazine                           Best of Bergen Community’s Choice Awards

Certified Civil Trial Atty         courtcaddy.com/nj/court-rules/r1-39.html

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

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from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/multi-vehicle-crash-in-bergenfield-new-jersey/
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The term “pain and suffering” sounds pretty straightforward, but as a legal term, it is extremely complex. Medically, pain is more complicated because what we refer to as pain is something that is invisible; but to the accident victim it is likely the most valuable part of their personal injury case. Under the personal injury laws of the states of New Jersey and New York, a victim of a car accident can only receive money for pain and suffering in specific circumstances, and it takes an experienced personal injury lawyer with a proven track record of arguing pain and suffering cases for a settlement to insurance adjuster and judges, and for a verdict to a jury. Physical impairment, loss of limb, physical pain, disfigurement, loss of quality of life, loss of enjoyment of life, loss of consortium, and emotional distress are all types of “damages” commonly referred to as pain and suffering.

With over 40 years of experience and a proven record of success, our attorneys at Davis, Saperstein & Salomon, P.C. know how to demonstrate and prove the profound emotional impact of a serious car accident. We have recovered over $1 billion for personal injury victims, including money damages for pain and suffering, and we’re proud to say that 98 percent of clients win a settlement or verdict in their favor. We’ve helped over 35,000 clients get the results they deserve following a devastating accident or injury, including survivors of traumatic car accidents. In fact, several of the partners and associates of the firm have lectured and taught other New Jersey lawyers about proving pain and suffering as part of opening and closing statements during jury trials. To learn more about how we can prove the extent of your pain and suffering in a car accident claim, contact our office today to schedule a free consultation. We’re happy to meet in person or over video to discuss your case, and we provide translation services if English is not your primary language.

Legal Definition of Pain and Suffering

What is pain and suffering?

In personal injury law, the term “pain and suffering” refers to the physical and emotional distress or trauma that an injured person experiences after an event like a car accident. As such, pain and suffering damages are a category of compensation that an injured person is entitled to seek when they sue a defendant during a personal injury claim. This form of harm can arise from the accident itself, the injuries suffered in the accident, subsequent medical treatment (such as surgeries), or day to day disabilities that resulted from accident related injuries.

Types of Pain and Suffering

Pain and suffering damages come in two primary forms: physical and mental. Physical pain and suffering refer to the pain and discomfort caused by accident-related injuries and medical treatment for those injuries. For example, broken bones, lacerations, burns, nerve damage, and soft tissue injuries cause the physical sensation of pain. An accident victim can also experience pain from medical treatment for their injuries, such as post-operative pain.

Mental pain and suffering refers to emotional trauma or distress that an accident victim experiences. The shock of an accident can lead to PTSD (Post Traumatic Stress Disorder) or other similar mental health issues. An accident victim may also develop emotional distress after the accident due to temporary or permanent disabilities; or visible scarring/disfigurement. This can, in turn, lead to anxiety or depression due to the accident related changes or limitations they now experience in their life caused by injuries, disabilities, or disfigurement.

Can I Get Paid Money for Pain and Suffering Damages After a Car Accident?

The answer may depend upon the type of car insurance you purchased, or the no-fault automobile insurance a resident related to you by blood purchased. If you’ve been hurt in a New Jersey car accident, you must pursue payment for some or all of your medical bills and lost wages initially from your own auto insurance policy; or if you do not own a car, then the car insurance company of your blood relatives that reside with you. This is called No Fault Automobile Insurance. This is the law under New Jersey’s No-Fault auto insurance laws. As a No-Fault Auto Insurance state, New Jersey requires all drivers to have an insurance policy that includes personal injury protection (PIP) coverage. PIP Auto Insurance coverage provides insured drivers and passengers who suffer injuries in a car accidents, benefits to the extent of their coverage for their medical expenses, lost income, and essential services (e.g., housekeeping and childcare

Policyholders can choose from one of two options regarding their right to sue for temporary and permanent injuries. With the “no limitation on lawsuit” option, also known as a “zero threshold ,”an injured car crash victim can sue an at-fault driver for noneconomic losses like pain and suffering. Under the “limitation on lawsuit” option, also known as “Limited Tort, or “Verbal Threshold,” an injured driver or passenger can sue the motorist at fault for the car accident for noneconomic losses if they have suffered injuries that meet the “verbal threshold,” such as:

• Displaced fracture
• Permanent injury such as a herniated or bulging disc, torn cartilage or ligaments
• Loss of a fetus
• Significant disfigurement/scarring
• Dismemberment/loss of a body part
• Fatal injuries

If you choose the limitation on lawsuit option, you deserve experienced car accident lawyers to help you pursue and win your claim for car accident-related pain and suffering damages. Proving that you’ve suffered an injury that meets the verbal threshold can prove challenging without the help of an experienced attorney with a history of winning similar car accident cases.

How Are Pain and Suffering Damages Calculated?

Economic losses, such as medical bills or lost income, are relatively straightforward to calculate with the help of financial records like bills, invoices, receipts, or pay stubs. On the other hand, calculating the compensation you deserve for your physcial and mental pain and suffering after a car accident requires a subjective analysis of the effects of the accident and your injuries on your life. While specific injuries may have taken a massive toll on your life, it can be difficult to prove just how severe the effects have been.

Generally, the more severe your injuries are, the more money damages you may recover from pain and suffering. Injuries requiring intensive care or more prolonged treatment and rehabilitation may entitle you to a more significant award. Suffering permanent disabilities or disfigurement can also increase the size of your pain and suffering damages. You might also recover more compensation for pain and suffering based on the accident’s severity. For example, if you were in a head-on collision or rollover crash, you might recover compensation for the mentally traumatic nature of the car accident.

That said, the insurance company will want to pay you as little as possible, so you should expect them to fight by undervaluing the extent of your pain and suffering. Skilled and experienced personal injury lawyers understand how to verbalize and prove your pain and suffering during settlement discussions. This includes putting together a list of people in your life who have witnessed firsthand how your car accident-related injuries changed your life. The more witnesses you have who can testify as to your pain and suffering, the stronger your case will be. To learn more about how much money you might be entitled to receive by way of pain and suffering damages, the personal injury lawyers at Davis, Saperstein & Salomon, P.C. who after evaluating you medical records may be able to provide an estimate.

How To Prove Pain and Suffering

Proving the extent or the value of the pain and suffering you have experienced in a personal injury lawsuit will require various pieces of evidence, such as:

• Medical records that document the injuries you suffered in the car accident and the treatment and rehabilitation you received.
• Diagnostic imaging of your injuries (e.g., X-rays, MRIs and EMG studies).
• Medical bills and provider notes that document your complaints of physical pain or emotional distress.
• Mental health treatment notes that document your mental anguish.
• Testimony from your treating medical providers, family members, friends, and co-workers.
• Your own testimony about the effects that your injuries and disabilities have had on your life and the physical pain and emotional distress you’ve experienced.

Reach Out to an Experienced Car Accident Attorney Today

If you’ve sustained injuries in a traumatic car accident, you may have the right to recover financial compensation for your pain and suffering through a car accident claim. Contact Davis, Saperstein & Salomon, P.C., today for a free, confidential no-obligation case evaluation to discuss your options for pursuing the full amount you deserve. We’ve recovered more than $1 billion on behalf of 35,000 people and families, and we can use this experience to determine the potential value of your car accident case. We only get paid at the end of your case if we recover money for you. You concentrate on recovering from your physical injuries while you let us worry about all of the legal issues involved in winning you a cash settlement.

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from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/pain-and-suffering-auto-accident/
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On July 2, 2025, at around 6:15 am,  a bus crash involving three NJ Transit buses occurred at the Port Authority Bus Terminal in New York City. Twelve people suffered non-life-threatening injuries, with one driver requiring extrication from the bus and hospitalization for moderate injuries.

The crash caused significant traffic and disruption to the morning rush hour and commute, including shutting down inbound traffic from the Lincoln Tunnel. NJ Transit rerouted buses to Secaucus Junction, Newark Penn Station, and Hoboken Terminal. Full bus service resumed by mid-morning, but investigations into the cause of the crash.  There is a suggestion that possibly the driver suffered  medical emergency.  The investigation is ongoing.

As injury attorneys we at Davis, Saperstein & Salomon, P.C., wish everyone injured by this accident a speedy and full recovery. As a law firm that has spent decades fighting for injured victims, especially those in bus accidents, we understand how overwhelming and traumatic these situations can be.

The sooner those injured in this bus crash consults with a qualified personal injury lawyer, the better their chances are of winning full compensation for their pain and suffering, disabilities and economic losses. For over 40 years, the partners and lawyers at  Davis, Saperstein & Salomon, P.C. have been helping injured bus accident victims stand up for their rights.  We offer compassionate, skilled legal representation to ensure our clients receive the compensation they deserve for suffering from a bus driver’s negligence. If you are in need of a New York or New Jersey bus accident attorney, you’ve come to the right place.

New Jersey’s Tort Claim Notice

In the State of New Jersey, an adult normally has two years to file a lawsuit. However, since this Port Authority bus accident involved a collision of New Jersey Transit buses, the injured passengers have only 90 days to file a Tort Claims Notice with New Jersey Transit and others, including the Port Authority of New York and New Jersey who may also share in responsibility.  Often, the bus itself may be owned by the PA, or there may have been a signaling problem, so a separate Notice of Claim must be served on the Port Authority of the New Jersey and New York. There may be other potential defendants  involved as the investigation is ongoing. Any person who may have suffered physical and emotional injuries should consult with an experienced personal injury lawyer who has a track record of suing New Jersey Transit in the past. These required Tort Claims Notice forms are highly technical and must be delivered to an exact address on the prescribed form before the expiration of 90 days.  For New Jersey Transit the form is commonly known as “Claims for Damages Against New Jersey Transit” tort claims notice.

Because New Jersey Transit is considered a public entity, failure to file the mandatory notice within the 90-day requirement is usually fatal to bringing a claim. After that a late notice of claim may be filed with the permission of a New Jersey Superior Court Judge and such permission is rare. To learn their rights and to find out more, we urge those injured to call attorney Marc C. Saperstein, Esq., at Teaneck, NJ’s Davis, Saperstein & Salomon, P.C.’s hotline at (800) 529-2000 for free advice and a confidential legal consultation

The Statute of Limitations to sue the Port Authority is only one year, so this could complicate matters more since the investigation of this bus collision could take months.  The Port Authority has its own form and requirements in order to sue the PA.

Common Causes of Bus Accidents

Davis, Saperstein & Salomon, P.C., Founding Partner Marc C. Saperstein, Esq., has handled some of the most serious and high-profile bus crash cases in the country, and has for decades represented victims of New Jersey Transit and other private operator accidents, including a collision involving several students injured in the 2018 Paramus school bus crash on Route 80 in Mount Olive, NJ. He is nationally recognized for his work as a personal injury lawyer. According to Marc Saperstein, “as a common carrier, it’s important to understand that New Jersey Transit and Port Authority bus drivers are trained professionals who are held to a higher legal and safety standard than other commercial bus drivers. Saperstein further said, “these types of crashes are not just accidents, they are caused by negligence, and those victims who suffered injuries, lost wages, and now have medical bills should reach out to an experienced New Jersey and New York bus accident attorney as soon as possible to start building their case. Marc Saperstein happens to be members of both the New Jersey Bar and the New York Bar.

At Davis, Saperstein & Salomon, P.C., Marc’s team of New York bus accident attorneys and New Jersey personal injury lawyers have years of experience investigating bus crashes and uncovering the truth. Some of the most common causes of bus accidents include:

• Distracted or inattentive driving
• Driver fatigue or falling asleep at the wheel
• Speeding or reckless driving
• Failure to properly maintain or inspect the bus
• Mechanical or brake failure
• Inadequate training or supervision
• Medical emergencies or unreported health conditions

Public transportation drivers are responsible for the safety of thousands of passengers every day, and when that trust is broken, whether due to any form of negligence, the consequences can be life-altering. Operating a public transportation vehicle through busy New York City streets, tunnels, and terminals requires thorough training, strict adherence to safety protocols, and constant focus.

Need Legal Help?

Over his 44 years as a New York trial lawyer and New Jersey Certified Civil Trial Attorney, Marc C. Saperstein, Esq., has helped thousands of accident victims win settlements or verdicts in complex truck and bus accident litigation, construction site injuries, product liability cases, and diet drug litigation. During his career, Marc C. Saperstein, Esq., successfully settled on behalf of his clients,  over 50 cases in excess of one million dollars.  for his clients and their families’ damages. He is a past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ. For the past 18 years, he has served as Co-Chair and founder of the annual New Jersey Association for Justice’s Meadowlands Seminar, one of New Jersey’s largest gatherings of injury lawyers, drawing over 800 attorneys each year. In 2022, he was awarded the Gold Medal for Distinguished Service by the New Jersey Association for Justice (NJAJ). He has also been awarded an AV Preeminent rating from Martindale-Hubbell, which is the highest rating for a practicing lawyer based upon peer review endorsement.  He has been selected as a New Jersey SuperLawyer by Thompson Reuters, for the past consecutive 15 years.

To speak with Marc Saperstein Esq., for a free, no-obligation, consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime, Zoom.  We have Spanish speaking  attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a strong case for you. Contact us today to get started.

Call Davis, Saperstein & Salomon P.C.

If you or a loved one has been injured in a bus accident involving a public entity like NJ Transit or the Port Authority, it’s crucial to talk with an experienced personal injury attorney as soon as possible to file your Notice of Claim and start working on your case. Davis, Saperstein & Salomon P.C., continues to represent accident victims and their families with the legal guidance and care they deserve. If injured in an accident with a bus, port authority, private operator, or any other public entity, our team of experienced New York and New Jersey personal injury attorneys is here to help guide and support you through this process. Do not hesitate to reach out if you have questions or need assistance for a free consultation.

Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, confidential and no-obligation, consultations or second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case.

At Davis, Saperstein & Salomon, P.C., we bring legal experience and care to every case we handle. We believe no one should suffer because of someone else’s reckless actions.  Never settle for less, call us now.

For Rating Methodology See:

SuperLawyers                         Selection process – Super Lawyers

Top 100 Trial Lawyers            Contact Us – The National Trial Lawyers

NJAJ Board Membership       About New Jersey Association for Justice

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

SuperLawyers                         Selection process – Super Lawyers

201 Magazine                         Best of Bergen Community’s Choice Awards

Certified Civil Trial Atty        courtcaddy.com/nj/court-rules/r1-39.html

Martindale Hubbel                  AV Peer Review Ratings & Client Review Awards |   Martindale-Hubbell®

 

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If you’re on this page because you were recently a passenger in a car accident, we would like to extend our most sincere sympathies. We understand how painful, chaotic, stressful, and confusing these events can be, and we’re ready to help you navigate the road ahead.

Although being involved in a collision is unfortunate, the good news is that it is almost impossible to lose your case based upon fault because a passenger can never be at fault. However, you still need to prove negligence between all drivers and under certain circumstances that your resulting injuries are permanent in nature.

If you’ve been injured in a car accident as a passenger in New York or New Jersey, you need direction about finding the best medical care and physicians while understanding how to proceed with your legal claim. Our car accident attorneys, who have been helping motor vehicle accident victims for over 40 years, can review your case and advise you on your best options. We offer translation services for Spanish and other languages, and we’ve secured more than $1 billion in verdicts and settlements for our clients throughout New York and New Jersey.

According to the Supreme Court of New Jersey, the selection of an attorney is an important decision not to be taken lightly. Our advice is not to hire lawyers that spend time chasing down accident reports to mail fancy packages to your door; or lawyers whose names show up on billboards only. Instead call us and ask about our experience and track record. In fact, two of the firm’s partners Garry R. Salomon, and Jeffrey E. Salomon have authored a book available on Amazon titled, The Consumer’s Guide to New Jersey Personal Injury Claims, 2nd Edition, 2024, which is available to you for free if you suffered an injury due to someone else’s negligence.

Our Results for Car Accident Passenger Injuries

If you’re looking for help after being a passenger in a car accident, you’ve come to the right place. We’ve helped over 40,000 individuals and families get the results they deserve, including thousands of passengers in car accidents.

Here are a few of our successful results for car accident passengers:

• An $825,000 settlement for a 62-year-old passenger who was riding in a vehicle that was rear-ended by a dump truck near the George Washington Bridge in Fort Lee, New Jersey. We argued that the dump truck driver was negligent in operating the vehicle. The settlement helped cover treatment for our client’s injuries, which included injuries to her head, right shoulder, neck, back, and right knee.
• A $500,000 settlement for a passenger who sustained injuries after two other vehicles hit her car on Interstate 80 in Totowa, New Jersey. Our client’s car was rear-ended, causing it to lose control and hit the median, and it was then hit by another car. Our client injured her entire right side, including her ribs, liver, lung, and left pelvis, and she required intensive care and physical therapy.
• A $493,500 settlement for a front-seat passenger who was severely injured in a car accident at the intersection of Cherry Street and W. Grand Street in Elizabeth, New Jersey. A negligent driver attempting to turn left onto W. Grand Street suddenly cut them off, leading to a violent crash. Our client received multiple permanent injuries and needed 14 months of physical therapy.

Our team is ready to meet with you wherever is most convenient, including one of our offices or virtually via FaceTime or Zoom. We want you to be able to focus on your recovery while we fight for the money you’re owed from the negligent parties. Contact our offices today to get started.

What To Do If You Were a Passenger in a Car Accident

If you’ve been in a car accident as a passenger, you should:

• Call the police immediately.
• Avoid standing behind the car, or in between cars which can often result in further accidents and injuries, including amputations.
• Document the accident by taking photos or a video of the scene.
• Note the names and contact information of eye witnesses and others involved.
• Get a medical evaluation, even if you don’t think you’re badly hurt, especially if you suffered a head injury
• Look around to see if there were video cameras, atm machines and parking lot cams in the area.
• Consult with an experienced personal injury attorney to determine if you have grounds to pursue a car accident suit.

Your health is your biggest concern after a car accident. After getting medical care, you can figure out how to cover your expenses. One way to do this is through a car accident lawsuit.

Can I File a Lawsuit If I Was a Passenger in a Car Accident?

Yes, but only under certain circumstances. Both New Jersey and New York are a no-fault states for car insurance, which means that anyone involved in an auto accident files their medical claims with their own respective insurance carriers. In New York, the driver’s policy covers you as a passenger in their vehicle. However, if you suffered a permanent injury , you could make a claim and sue the at-fault driver. You should hire as soon as possible an attorney to document your losses and prove that your injury is serious by using your medical records and medical witness reports and testimony.

New Jersey is also a no-fault state for car accidents, but its system is somewhat different. First, if you own a car or live in a household with someone who does, you would start by filing a claim with your own Automobile PIP insurance policy rather than that of the driver whose vehicle you were riding in. Their policy would only apply if you lacked insurance of your own. You can file a liability claim against the at-fault driver if the cost of your injuries outstrips your no-fault benefits.

Money Damages Available in a NJ or NY Car Accident Passenger Claim

If you are injured as a passenger in a car accident in either New York or New Jersey, you would first turn to the relevant no-fault insurance policy to recover money for:

• Medical bills
• Lost wages
• Certain accident-related expenses

There are no legal fees associated with no-fault medical bill payments, income continuation and essential services coverage. However, to hold the negligent financially accountable for your harms and losses you likely will be entitled to sue the at-fault and their automobile liability insurance carrier for your pain, suffering and disfigurement

And if you suffered an injury, as defined by the appropriate state, you can also seek money for noneconomic losses like pain and suffering. You may also have this right in New Jersey if your no-fault policy includes an unlimited right-to-sue clause or if the defendant was a commercial vehicle such as a truck or bus.

Statute of Limitations for Filing a Claim

• In New York, you have three years to file a car accident passenger claim for damages.
• In New Jersey, the statute of limitations to file suit is two years for personal injuries.

Talk to an Experienced Auto Accident Attorney in New Jersey Today

Do you need help understanding your rights for passenger injury claims after a car accident? Contact Davis, Saperstein & Salomon, P.C. today for a free consultation. We have more than 100 team members who have the experience and resources to build a strong case for you.

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Bicycle accidents are serious. Most are not just close calls but accidents that completely change your life. If you’ve been hit by a car, thrown off your bike, or injured because of a road hazard, you’re likely dealing with a lot all at once. There might be missed time from work, growing medical bills, and long-term damages to be dealt with.

After a bicycle accident, it’s not just the physical pain that’s overwhelming, but figuring out what to do next can be just as confusing. And then the questions come. Who’s going to pay for this? Should I call my insurance company? What if the driver left the scene? And maybe the biggest question of all: Do I really need a lawyer after a bike accident? Can’t I just handle it on my own?

While every situation is different, the truth is that working with an experienced New Jersey bicycle accident lawyer can make a huge difference in how your case turns out, especially because injury laws and insurance rules can be much more complicated than they seem. If you or someone you love has been injured in a bicycle accident in New Jersey, you have come to the right place. The sooner you talk to a lawyer the better your chances are of getting full compensation. At Davis, Saperstein & Salomon, P.C., we’ve been helping injured cyclists stand up for their rights for over 40 years. We offer compassionate, skilled legal representation to ensure you receive compensation for your losses.

More Riders, More Bikes, More Risks

New Jersey has seen many more bikers take up riding over the past few years. With the rise of e-bikes, bike-share programs, and a focus on environmental conservation there are more bikes than ever on the road, and more accidents.

In 2024, pedestrian and bicyclist fatalities across the state reached 252, a 27% increase from 199 fatalities in 2023 (njbikeped.org). Some of these numbers can be due to the very popular and easily accessible e-bikes. These bikes can reach speeds of up to 25 miles per hour, so when there is an e-bike crash with a car, pedestrian, or pothole, riders can be left with more severe injuries due to negligence.

Even when riding a traditional bike with better bike lanes, there are still many drivers who don’t give cyclists space on the road. One of the most popular roadways enjoyed by bicycle riding clubs in New Jersey is Route 9W in Bergen County New Jersey. This roadway is extremely friendly to bike riders and bike club members. Route 9W runs parallel with the Palisade Interstate Parkway and runs through Fort Lee, Englewood Cliffs, Tenafly, Alpine, Rockleigh, NJ, all the way through to Palisades New York, and beyond. The roadway has wide shoulders and special bike lanes that are usually very safe to ride in, however, periodically bike riders on route 9W are involved in bike accidents with cars or commercial vehicles like delivery trucks and vans usually due to the negligence of the car or truck driver.

Having a personal injury lawyer on your side can really make a difference in finding and proving fault, determining damages, and ensuring that all legal options are explored so you can receive the justice and compensation you deserve.

Common Injuries After a Bicycle Accident

After a bike accident, your priority should always be your health. When hit while riding a bike, you don’t have the same protection as someone inside a car. There are no seat belts, no airbags, and no metal frame to absorb the impact. Many riders think they’re fine after a crash because they can walk away, but some injuries can take days or weeks to show symptoms. Even though internal injuries, traumatic brain injuries (TBIs), and chronic pain symptoms can be delayed, they can dramatically change your ability to work, care for your family, and enjoy life the way you did before the accident.

Some of the most common injuries are:

• Concussion, head injuries, and traumatic brain injuries (TBI)
• Neck, back, and spine injuries
• Internal bleeding
• Fractured bones
• Scars, road rash, and other lacerations
• Dental injuries
• Emotional damages, like PTSD
• In extreme cases, death

Medical costs are only one piece of the puzzle. Injuries from these accidents can affect your job, health, and day-to-day life. These damages deserve compensation, but without years of experience and legal knowledge, most people can’t negotiate justice on their own. That’s why it’s so important to take the next steps seriously and know when to ask for help.

Working with an experienced and skilled New Jersey bicycle accident attorney or personal injury lawyer will make sure that all factors (past, present, future) and evidence are considered in your case, so you’re taken care of every step of the way.

What You Should Do After a Bicycle Accident

Many bicycle crashes happen in common places like crosswalks, intersections, and residential roads and neighborhoods. Some common accidents are cars turning without seeing a cyclist, drivers opening doors without checking for bikes, or riders losing control after hitting a pothole or dangerous roads. It’s important to know what steps to take after an accident to help you get back on your feet as soon as possible.

If you’re ever in a bike accident, here’s what you should do:

1. Seek medical attention
2. Call the police and request a copy of the police report
3. Take pictures of the scene
4. Get contact info from anyone involved and any witnesses
5. Call a personal injury lawyer who has experience with bicycle accidents in New Jersey

How a Lawyer Can Actually Help

After being seen by a medical professional, the next steps can get confusing fast. Who’s responsible for the crash? Will your medical bills be covered? What if the driver doesn’t have insurance, or worse, doesn’t stop at all? And am I eligible for any compensation for my damages?

These are complicated questions, and the answers depend on the details of the accident and New Jersey laws. For example, New Jersey follows a no-fault insurance system, meaning your own auto insurance may cover some of your medical bills even if you weren’t driving. If your injuries are serious, you may also be eligible to file a lawsuit against the driver or another negligent party, but only if you meet certain legal thresholds.

Davis, Saperstein & Salomon, P.C., founding and managing partner Garry R. Salomon Esq., is highly respected for his skill in motorcycle and bicycle accident cases and has successfully represented thousands of injured clients over his 35 years as an attorney. He is the author of The Consumer’s Guide to New Jersey Personal Injury Claims a clear, practical, and easy-to-understand guide to help New Jersey residents understand their legal rights after being injured due to someone else’s negligence. To request your own free copy of The Consumer’s Guide to New Jersey Personal Injury Claims please click this link: Free Legal Guide!

Garry is highly experienced in motorcycle and bicycle accident cases, helping countless victims and their families secure the compensation they deserve, including winning several multi-million-dollar settlements. He has earned several other awards in recognition of his legal accomplishments and devotion to his clients. He is certified as a Civil Trial Attorney by the Supreme Court of New Jersey an honor bestowed upon less than 2% of all New Jersey lawyers. The organization National Trial Lawyers has named him one of the “Top 100 Trial Lawyers,” and 201 Magazine has listed him as one of “Bergen’s Top Trial Lawyers.” In addition to being recognized for 15 years as a “SuperLawyer” by Thomson Reuters Corporation in its annual SuperLawyers list, he has been recognized by Martindale Hubble, a highly respected and reputable attorney peer review rating organization by conferring upon him an “AV” rating which is their highest rating possible for an attorney. For over 25 consecutive years, Garry has been a member of the Board of Governors of the New Jersey Association for Justice (NJAJ) and contributes twice a year to legal conferences and seminars and founded as co-moderator and co-chairman the Meadowlands and Boardwalk Seminars sponsored by NJAJ.

If you’ve been injured in a bike accident in New Jersey, time matters. Medical records, photos, and witness memories can fade fast. New Jersey also has strict time limits for filing injury claims, so the longer you wait, the harder it can be to protect your rights. Even if you’re not sure you need a lawyer, it costs nothing to find out. You deserve to know your options, understand your rights, and have someone on your side who can fight for what you’re owed.

Hurt in a Bicycle Accident? You’re Not Alone.

Many people assume they don’t need a lawyer after a bike accident, but the reality is that bike accident claims are more complicated than they seem. Even the most experienced and cautious cyclists still end up in accidents because of other’s negligence. If you or someone you love has been injured in a bicycle accident in New Jersey, don’t wait. The sooner you talk to a lawyer the better your chances are of getting full compensation. At Davis, Saperstein & Salomon, P.C., we’ve been helping injured cyclists stand up for their rights for over 40 years. We offer compassionate, skilled legal representation to ensure you receive compensation for your losses.

Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions, and has offices throughout New Jersey and New York City.

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A 56-year-old man unfortunately lost his life the morning of June 11^th, 2025, when his Nissan SUV collided with a dump truck carrying gravel.  The accident occurred at the intersection of  Goffle Hill Road and Fairview Avenue, Hawthorne,  New Jersey.  The collision was so violent that the dump truck tipped over and spilled its contents along the roadside.  Since the collision resulted in a death, the Passaic County Fatal Accident Squad of the Passaic County Prosecutor’s Office is investigating the facts and circumstances of the collision to determine whether or not a person or business entity should be criminally charged.  The authorities have requested that anyone with information about the incident contact them on their tip line at 1-877-370-PCPO or submit a tip online at https://peponj.opsnetwork.org/tips.

Although driver error is always a concern there are many other potential causes that could have contributed to this man’s unfortunate death.  Initial investigations seem to suggest that the driver lost control due to brake failure.  Brakes on trucks can fail due to several factors including lack of maintenance, overloading, failure of an internal part or component.  Other factors could be weather, load shift, negligent hiring of an incompetent truck driver,  improper driver training, cell phone usage, a medical  emergency suffered by a driver, roadway design or defect, or actions on the part of other drivers.

Undoubtedly, the family of the deceased will be looking for answers as to how and why this happened to their loved one.  Although they may think that the Prosecutor’s Office is investigating to find the cause; the reality is that the Prosecutor’s Office is only investigating to determine whether or not the deceased driver is a victim of a crime.

When it is determined that a truck accident was not a crime, a family must resort to bringing a civil lawsuit in the Superior Court of New Jersey suing for money damages.

This requires hiring the right law firm with the right experience and financial resources to fully and properly investigate all potential causes so that the proper negligent parties are held fully accountable for this untimely needless death.

The first thing the family can expect is few if any answers from law enforcement while the  matter is “under investigation.”   For that reason, it is important for the family’s injury lawyer to be skilled and experienced as an expert in truck accident litigation.  Once hired, on a contingency fee, the family should  continue mourning their loved one while their truck accident lawyer takes immediate action to preserve evidence, evaluate the crash scene, photograph the vehicles, interview witnesses, and put a litigation hold on the actual truck and passenger vehicles.  A letter must be delivered to preserve such evidence and all documents and records leading up to the collision.  This long letter is commonly referred to as a “Spoliation Letter.”

At the same time the investigating civil lawyer must hire a highly regarded and experienced accident reconstruction expert to start to piece together the events leading up to the collision that caused a wrongful death.  Both the attorney and accident reconstruction expert will scour the data contained in the truck’s “black box” collision data recorder.  Several trucks also have video recording equipment aboard that needs to be preserved.

According to attorney Marc C. Saperstein, a founding partner of Teaneck’s Davis, Saperstein & Salomon, P.C.,  and an expert in truck accident litigation, the early hiring of the proper experts is critical to the outcome of the  personal injury claim.  As an injury lawyer that practiced law in Passaic County, New Jersey Saperstein has investigated, prosecuted civil cases and won dozens of truck accident cases including many wrongful death fatality claims.  According to Saperstein, an attorney Certified by the Supreme Court of New Jersey as a Civil Trial Attorney,” there is no greater responsibility than to get the right answers to the survivors and to honor the deceased by turning over every stone to find the answers and to further hold those negligent accountable in form of money damages to fully compensate the deceased’s surviving family members and dependents for his pain, suffering, and financial losses.”

In fact, according to Saperstein, the investigation should include the design and crashworthiness of the passenger car to determine if it was structurally sound.

How does one find the right lawyer to handle a truck accident case.  According to Saperstein, the family should interview several firms and should interview the lawyer about their past results.  But what criteria determines which law firm and which lawyer has the knowledge, wisdom and experience to win a truck accident case.

According to the Consumer’s Guide to New Jersey Personal Injury Claims, 2^nd Edition, the client should ask the potential lawyer the following questions:

1. Will you accept my case on a contingent fee basis?
2. What percentage of your practice involves representing injured people?
3. Are you or any members of your firm Certified as a Civil Trial Attorney by the Supreme Court of New Jersey?
4. Tell me about some of the last cases you or members of your firm have tried?
5. Have you ever handled a case like mine before?
6. Who, aside from you, will be working on my file?
7. Does your lawyer participate in continuing legal education offered by New Jersey Association for Justice?
8. Do you teach lawyers legal skills at any conferences or seminars?
9. What is your experience with the defendant’s insurance company?
10. Have you appeared before the local judges in the counties where this case would be tried?
11. Does your firm have the financial resources to advance all costs and expert fees required to win this case?
12. Have you received any awards or accreditation by any organizations, lawyer rating agencies, and have you been selected or honored for your accomplishments as an Attorney?
13. Is the lawyer who referred me to your firm receiving a portion of the legal fee?

After asking these tough questions you should get a good idea about your lawyer’s career accomplishments.  According to the Supreme Court of New Jersey, “Before making your choice of attorney you should give this matter careful thought.  The selection of  an attorney is an important decision.”  We could not agree more with the Supreme Court of New Jersey.

The author, Marc C. Saperstein is a founding partner of the New Jersey personal injury law firm Davis, Saperstein & Salomon, P.C.  He is certified by the Supreme Court of New Jersey as a civil trial attorney.  He is a former President of the Association of Trial Lawyers of America-New Jersey Chapter and is currently the Co-chairman of NJAJ’s annual Meadowlands Seminar attended by over 800 lawyers annually.  He practices exclusively in the area of plaintiff’s personal injury law and accepts all cases on a contingency fee basis.   He has been recognized by Martindale Hubbell, a lawyer rating service, as an AVpreeminent attorney * with over 35 years of experience.  During his career as a trial lawyer, he has resolved over sixty cases in excess of one million dollars or more.  He is an expert in wrongful death and truck and bus litigation.  In 1994 his personal secretary died as a result of a tire rolling off of a tractor trailer which made holding negligent trucking companies responsible for their deadly conduct a career long mission.  For further comment, Marc C. Saperstein can be reached at 201-907-5000 or by email: marc.saperstein@dsslaw.com.

* See rating methodology at Davis, Saperstein & Salomon, P.C.: Law Firm Profile – Martindale.com

 

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Whether you’re heading to work across the George Washington Bridge, coasting along the Hudson River, or just exploring Manhattan, there’s one thing all bikers have in common: vulnerability. You don’t have to be an expert to know that biking in New York can feel more like a survival sport than a mode of transportation. The good news is that the new bike laws in New York are catching up to keep cyclists safe.

What Cyclists Need to Know About New York’s Bicycle Laws

In 2025, New York is updating their bicycle laws to focus on safety and lessen conflicts and accidents between cyclists and other drivers. New York has seen a cultural movement towards cycling over the past few years. Many New Yorkers have made the switch post-pandemic, and others have switched because of frustrating traffic and subway delays. This shift has made it more important than ever for New York to update their rules and regulations because everyone has the right to share the road.

In 2025, some of the new laws are coming into play for bikers are:

• Dooring accidents: Dooring is one of the most common causes of injury for bikers in NYC. Drivers and passengers who open car doors into bike lanes now face higher fines.
• Side guards on commercial trucks: These guards prevent cyclists from being pulled under a truck’s wheels.
• More protected bike lanes in high-risk areas: More bike lanes near schools, parks, and major commercial districts. Anywhere where traffic and foot congestion are the heaviest.
• Revised “failure to yield” law: Drivers who fail to yield to cyclists in designated bike lanes can now also face criminal charges as well as civil liability charges.

Common Injuries from New York Bicycle Accidents

Bike accidents can leave victims more injured than in motor vehicle accidents because of how exposed riders are on a bike. Even at low speeds, the impact of being hit by a car or truck can cause permanent, life-changing injuries.

Some of the most common injuries from these accidents are:

• Concussion, head injuries, and traumatic brain injuries (TBI)
• Neck, back, and spine injuries
• Internal bleeding
• Fractured bones
• Scars, road rash, and other lacerations
• Dental injuries
• Emotional damages, like PTSD
• In extreme cases, death

No matter the injury, medical bills and other expenses can pile up fast. Especially if you have to take time off work due to injuries, it can quickly become overwhelming and financially stressful. That’s where legal support makes a difference.

What to Do After a Bicycle Accident in NYC

If you’re involved in a bicycle accident in New York City, the steps you take immediately after can make or break your case. After an accident, it’s crucial to seek medical attention, even if you feel okay. Some injuries may not show symptoms right away, especially internal trauma or concussions, which are common injuries in these cases. If you are able to take photos of the scene, your bike, and any visible injuries, and get contact info from any witnesses who saw what happened. Next, report the accident to the police and request a copy of the report. It’s important to get a copy of the report to have for your future records. Finally, contact a New York bicycle accident lawyer, also known as a personal injury lawyer, as soon as possible to fight for the justice deserved.

It’s important to contact an experienced bike accident attorney to help you understand your case and get ahead of New York’s statute of limitations. In most personal injury cases, you have three years from the date of the accident to file a lawsuit. However, if your accident involved a government vehicle or if the accident occurred because of things like poor infrastructure or street maintenance by the city (like a pothole or missing bike lane markings), you may have as little as 90 days to file a notice of claim. If you miss these deadlines, you could lose your right to seek compensation entirely. That’s why speaking with an experienced attorney right away isn’t just helpful, it’s critical.

The Complexity of NY Bicycle Claims

Bicycle accident claims in any state are complex, and New York is no exception. It is important to know your rights before you ride, so if the unexpected does happen, you know what to do.

For example, New York follows a comparative negligence rule. This means if you’re partially at fault for the accident, you can still recover damages. For example, if you ride in the wrong lane or miss a traffic light, the amount of compensation you can receive is reduced by your percentage of fault. So, if a court says you were 40% responsible, and your medical bills total $100,000, you’d only get $60,000. This rule can be exploited by insurance companies to place more blame on the biker and reduce their own payout. A skilled personal injury lawyer will protect your rights by gathering evidence, speaking with witnesses, and analyzing traffic camera footage to counter claims and prove the driver’s negligence.

Additionally, if the accident involves a truck, delivery van, rideshare vehicle, or commercial vehicle, the case becomes even more complex. These claims can involve not only the driver, but also their employers, third-party contractors, and even the vehicle manufacturer could be liable for the accident.

New York is also a no-fault insurance state, so no matter who is at fault in a motor vehicle accident, the injured party will receive compensation for their injuries from their own insurance company, up to a limit. This includes medical expenses, lost wages, and other losses caused by the accident. This does not mean you’re automatically covered, and there are exceptions to the rules. A skilled and experienced personal injury attorney will help to explain these complex laws and exhaust every avenue to secure you the justice and compensation you deserve. All while you focus on healing and getting back on the road.

Don’t Ride Alone After a Crash

Even the most experienced and cautious cyclists still end up in accidents because of others’ negligence. If you or someone you love has been injured in a bicycle accident in New York, don’t wait. The sooner you talk to a lawyer, the better your chances are of getting full compensation. At Davis, Saperstein & Salomon, P.C., we’ve been helping injured cyclists stand up for their rights for over 40 years. We offer compassionate, skilled legal representation to ensure you receive compensation for your losses.

Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation consultations and second opinions, and has offices throughout New Jersey and New York City.

 

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Crashes between bicycles and commercial vehicles aren’t just dangerous, they’re life changing. Picture this: you’re riding your bike on a clear afternoon, just enjoying the weather, when suddenly, a truck or delivery van makes a wide turn and everything changes. When a cyclist is hit by a truck, the impact and injuries are rarely small. The size and weight difference between a bicycle and a commercial vehicle makes these accidents serious and can cause long-term injuries or death.

Accidents like these raise important questions. Who’s at fault? What if the driver was working at the time? What if the trucking company didn’t maintain the vehicle properly? Most people can’t answer these questions on their own, and they shouldn’t have to. If you or someone you love has been injured in a bicycle accident involving a commercial vehicle, such as a truck, bus, or van, it’s important to speak with a personal injury lawyer experienced in bicycle and truck accident cases as soon as possible. An experienced bike accident lawyer will be there to support you, help make sense of the legal system, and fight for the compensation you deserve.

Dangers of Truck and Commercial Vehicle Accidents

On average, large trucks or commercial vehicle accidents have more serious injuries than crashes with average cars. Truck drivers work long hours and have tight delivery schedules. Their trucks are much heavier, have larger blind spots, and need more time and distance to stop than a normal car. These factors make driving a truck or commercial vehicle, especially without the training, much more difficult.

Common causes of collisions with trucks or commercial vehicles can be:

• Distracted Driving
• Limited Visibility
• Longer Stopping Distance
• Turning Hazards
• Improper Training
• Violation of Motor Vehicle Laws

Common Injuries in Bicycle-Truck Accidents

When a bicyclist is struck by a commercial truck or delivery vehicle, unlike in a car, the biker has no metal frame to protect them. The impact of a truck, even if at low speeds, can throw a rider from their bike or trap them under the vehicle. These types of crashes and the cause of serious personal injuries, often lead to emergency surgeries, extended hospital stays, and long-term rehabilitation. Damages are often not just physically distressing, but emotionally and financially distressing as well.

Common bicycle-truck accident injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones and fractures
• Internal injuries
• Severe road rash, scars, and lacerations
• Psychological trauma

These are not just bike accidents, but serious, catastrophic events. That’s why it’s so important to seek experienced legal representation from a firm that understands the full scope of your injuries and the long-term effects they can have on your life.

Understanding Bicycle and Truck Accident Laws in New Jersey

Bicycle laws in New Jersey are simple: cyclists have the same rights as drivers. This is codified in New Jersey Revised Statutes Section 39:4-14.1 (2024), which states that bicyclists must follow the same traffic rules as motor vehicles and that they are entitled to share the road. This law also includes other exemptions and regulations and clarifies how bicycles should be operated on public roadways.

Even with laws in place, protecting your rights against a trucking company is not always simple. Truck crashes often have multiple parties: the driver, their employer, contractors, mechanics, and sometimes even the truck’s manufacturer. Finding out who is liable for the accident requires a deep knowledge of personal injury law, commercial vehicle regulations, and New Jersey bicycle law.

The Federal Motor Carrier Safety Administration (FMCSA) also has strict regulations on commercial vehicles. Their rules focus on safety and set the standard for driver qualifications, maintenance logs, and rest breaks to avoid fatigue. If a trucking company doesn’t enforce the rules and an accident does happen, they could be held legally responsible for negligence.

At the same time, it is important to know your rights as a biker before riding, for example, New Jersey follows a modified comparative negligence rule. This means if a bicyclist is found to be partially at fault for the accident, for example, if riding outside of a bike lane or failing to signal, their compensation could be reduced or even denied. To prove fault, you need both the resources and experience of a bicycle accident and a truck accident attorney to ensure that all parties are held responsible.

Why You Need an Experienced Personal Injury Lawyer

When involved in a bicycle accident with a truck, the aftermath can be overwhelming. Medical bills start coming in, insurance companies call with confusing questions, and trucking companies often have teams of lawyers working to minimize their liability.

It’s essential to work with a personal injury law firm that has experience in handling both bicycle accident cases and commercial vehicle injury claims. Our legal team at Davis, Saperstein & Salomon, P.C. knows how to gather evidence, interview witnesses, obtain police reports, and uncover any trucking company violations to bring you the justice you deserve.

Founding Partner Marc Saperstein, Esq., has handled some of the most serious and high-profile truck and commercial vehicle crash cases in the country and is nationally recognized for his work in this field. During his 44 years as a New York trial lawyer and New Jersey Certified Civil Trial Attorney, he has helped thousands of accident victims win settlements or verdicts in complex truck and bus accident litigation, construction site injuries, product liability cases, and diet drug litigation. As an expert personal injury lawyer, he also served as a past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ. For the past 18 years, he has served as Co-Chair and founder of the annual Meadowlands Seminar, one of New Jersey’s largest gatherings of injury lawyers. He has also been awarded an AV Preeminent rating from Martindale-Hubbell, which is the highest rating for a practicing lawyer based upon peer review endorsement.

After any serious bicycle accident, especially one involving a truck or commercial vehicle, you need more than just compassion. You need powerful legal representation that understands personal injury law, New Jersey traffic laws, and has experience going up against large trucking and commercial vehicle companies.

Contact Davis, Saperstein & Salomon, P.C. Today!

If you or your child has been injured in a bicycle accident involving a commercial vehicle or truck, don’t wait to seek legal help. You may be entitled to damages for medical expenses, lost wages, pain and suffering, and more.

At Davis, Saperstein & Salomon, P.C., our team of personal injury attorneys has been standing up for New Jersey victims for decades. We’ve recovered over $1 billion in verdicts and settlements for victims across New York and New Jersey, and we’re ready to help you, too. Don’t face the legal process alone. Contact us today for a free, no-obligation consultation and let us help you get your life back on track.

Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation consultations and second opinions, and has offices throughout New Jersey and New York City.

 

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Workers’ Comp Helps Injured Workers, But Are All Workers Covered?

Full-time employees who suffer work-related injuries or illnesses can receive workers’ compensation benefits from their employers, including compensation for medical expenses and partial reimbursement of lost wages. But do those benefits extend to workers classified as independent contractors?  With increasing numbers of people working as “freelancers” or in the “gig” economy, many wonder what to do after sustaining injuries on the job.

While freelancers typically do not qualify for workers’ compensation, that doesn’t mean they are out of options. Our firm can help you figure out whether the law would truly consider you to be an independent contractor.

Our New Jersey workers’ compensation attorneys have over 40 years of experience helping the injured and getting them the results they deserve (over $1 billion to date, many of which include workers’ compensation settlements or judgments).  We have an aggressive team of more than 30 attorneys who can explore your options and help you figure out your best options for moving forward.

Are Independent Contractors Covered by Workers’ Compensation in New Jersey?

Under New Jersey’s workers’ compensation system, only employees may recover workers’ compensation benefits from an employer. The workers’ compensation system typically does not offer benefits to independent contractors because the law classifies contractors differently from employees.

Businesses sometimes misclassify their workers as independent contractors.  Some misclassifications occur due to a good-faith misunderstanding of the law, but some employers choose to intentionally misclassify their workers.  They do this to cut down on costs, such as workers’ compensation insurance premiums, employer health insurance contributions, or payroll taxes.  As a result, a worker whose employer misclassifies them as an independent contractor may have the right to recover workers’ compensation benefits for a job-related injury or illness if they can prove that they truly are an employee, as opposed to an independent contractor.

How To Determine if You’ve Been Misclassified as an Independent Contractor

In New Jersey, the Courts typically use the “ABC” test to determine if a worker is truly an employee.  Although this is a complicated test to apply, in short, a person is not found to be an independent contractor merely because the employer pays a worker by 1099 and does not withhold applicable state and federal taxes.

An employer may classify a worker as an independent contractor only if it can satisfy all three components of the ABC test:

1. The employer does not direct or control how the worker performs their duties, and
2. The worker performs duties outside the employer’s usual course of business or performs work outside the employer’s place(s) of business, and
3. The worker works in an independently established trade, occupation, profession, or business.

Some of the signs indicating that you are an employee rather than an independent contractor under the ABC test include:

• You work exclusively for your employer rather than performing similar work for multiple businesses.
• You do not hold yourself out as being available to perform similar work for other clients.
• You have an indefinite working relationship with your employer rather than a fixed term or a specific project, the conclusion of which would end your working relationship.
• You receive regular paychecks rather than payment for invoices you submit.
• Your employer provides your workspace, tools/equipment, or work clothes.
• Your employer controls your work hours (when not essential to the type of work you do), where you work, and how you complete job tasks.
• You perform the same kinds of work as other workers in your workplace.

If the above applies to you and you’re classified as an independent contractor, your employer might be misclassifying you.

As a misclassified independent contractor, you may have the right to obtain workers’ compensation benefits under New Jersey’s workers’ comp system if you’ve suffered a work-related injury or illness.

What’s Covered Under NJ Workers’ Compensation?

Benefits available from workers’ comp include:

• Medical benefits – Pays for all reasonable and necessary medical treatment for an employment-related injury or illness, including hospitalizations, surgeries, prescriptions, or physical/occupational therapy.  An employer or workers’ compensation insurance carrier can designate a physician to oversee a worker’s treatment, except when an employee requires emergency treatment, or an employer/insurer wrongfully refuses to provide medical benefits.
• Temporary total disability benefits – When a worker cannot work for more than seven days, these benefits partially reimburse the worker for their lost wages.  A worker will receive 70 percent of their average weekly wage, subject to a cap of 75 percent of the Statewide Average Weekly Wage (SAWW) and a floor of 20 percent of the SAWW. Temporary total disability benefits end when a worker returns to work in some capacity or reaches maximum medical improvement.
• Permanent partial disability benefits – A worker who suffers a permanent partial disability due to a job-related injury or illness may receive a financial award based on the type and severity of the disability. Workers will receive their awards in weekly payments.
• Permanent total disability benefits: A worker who cannot return to any work after reaching maximum medical improvement may continue to receive benefits at the temporary total disability rate.  Permanent total disability benefits initially last 450 weeks but can continue if the worker cannot return to the workforce.

Common Types of Workers’ Compensation Injuries

Workers’ compensation can provide benefits for injuries or illnesses that arise in the course and scope of an employee’s job.  Examples of some common injuries or conditions that may give rise to a workers’ compensation claim include:

• Neck and back injuries
• Broken bones
• Ligament, tendon, and muscle tears and/or sprains and strains
• Burns
• Herniated spinal discs
• Nerve damage
• Repetitive stress injuries, such as bursitis or carpal tunnel syndrome
• Degloving injuries
• Internal organ injuries
• Traumatic brain injuries
• Eye damage
• Vision/hearing loss
• Spinal cord injuries
• Amputations
• Traumatic amputation or limb loss
• Infectious diseases acquired on the job, such as COVID-19
• Cancers or other chronic illnesses caused by work-related toxic exposure
• Work-related death

A New Jersey workers’ comp attorney can help you seek the money you deserve for a workplace injury.  Our office provides a free guide written by partner, Steven Cohen, which you can obtain here.

How Can an Attorney Help?

Pursuing workers’ compensation benefits can become complex if your employer has classified you as an independent contractor.  A workers’ compensation attorney can help you fight for the financial resources you need to recover from a work injury by:

• Investigating the circumstances of your employment to obtain evidence proving your employer misclassified you as an independent contractor
• Securing evidence from the work accident to prove your injury or illness is job-related
• Documenting your injuries and expenses to make sure you recover compensation from your workers’ compensation claim
• Preparing and filing your claim with your employer or taking your claim to the New Jersey Division of Workers’ Compensation if your employer refuses to pay you benefits based on their classification of you as an independent contractor
• Advocating on your behalf before the Division of Workers’ Compensation to prove you are an employee and not an independent contractor.

Your attorney can also find out if you have grounds to file a third-party claim. This is when another party played a role in causing the injury, such as a distracted driver or a manufacturer of faulty equipment. We have a track record of success in seeking money from negligent employers and property owners for failing to provide safe working conditions.

Talk to an Experienced Workers’ Compensation Lawyer in New Jersey Today

If you have been hurt while working, you deserve to understand your rights to workers’ compensation benefits. Contact Davis, Saperstein & Salomon, P.C., today for a free consultation to learn more about workers’ compensation for independent contractors from our knowledgeable legal team. We are happy to meet with you in person or virtually via FaceTime or Zoom. If English is not your preferred language, we have Spanish speakers on-site and translation services for many other languages, including Polish, Portuguese, Russian, and more. The consultation is free, and we don’t get paid unless we win money for you.

 

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