Posted On: May 27, 2010

Princeton, New Jersey Car Collision Injuries

Auto accidents in Princeton can lead to serious personal injuries that can negatively affect your life on a financial, emotional, and, physical level. In 2007, 2.2 million Americans were injured in automobile accidents. Common personal injuries from New Jersey auto accidents include whiplash, back injuries and limb injuries. Just because you are not sore or bleeding after an accident, it does not mean that you are uninjured.

Whiplash is one of the most common injuries that can occur even after minor car accidents. They are most common in rear-end auto accidents. Some other victims experience vertigo or visual disturbances. Back injuries are also common after an auto accident. If you are experiencing lower back pain or limited movement in your back, you may have a serious injury including a herniated disc or a damaged disc. You may also have trouble sleeping or lying on a flat surface. Other types of injuries that occur after a car accident include internal injuries, broken bones and lacerations. Most injuries usually require some type of physical rehabilitation and medical treatment.

Any symptoms or pain that you experience after a car accident must be evaluated with x-rays and other diagnostic methods. Medical bills can add up fast after an accident. It is not only important that you get the medical care that you need, but also that you have proper legal representation to make sure that the insurance company is offering you a fair settlement. An experienced personal injury lawyer can also help determine whether there was any negligence or wrongdoing in your case and hold the negligent parties accountable.

A skilled New Jersey injury lawyer may be needed to help secure compensation for medical bills, rehabilitation and loss of wages. Insurance companies often attempt to settle quickly with the goal of reducing the value of your claim. Please do not get shortchanged in your case. If you have been injured in a New Jersey car crash, call a personal injury lawyer at Lependorf & Silverstein at (609) 240-0040 to schedule a free consultation.

Posted On: May 25, 2010

New Jersey Dog Attack Liability

Beyond the obvious needs a dog owner must attend to, dog owners are also responsible for their dog’s actions. When a dog is involved in a violent attack, the owner may be held accountable. Dog bite laws in some states take into account an animal’s past behavior and even breed. New Jersey, however, has a "strict liability statute." What this means is the owner will be held liable irrespective of the animal's past record. It doesn’t matter if the pet has a perfectly clean record. If the dog bites someone, the owner will be found liable for that attack. There are very few exceptions.

New Jersey Statues, section 4:19-16 covers the liability of the owner regardless of the prior viciousness of dog. In other words, all a plaintiff has to do is prove who owns the dog, that the dog bit the plaintiff and that the plaintiff was either in a public place or legally present on privately owned property.

Despite the strict liability statute, the dog owner may not always be held 100 percent responsible. For example, if the plaintiff is found 50 percent at fault for the attack because of negligence, he or she may only receive 50 percent of the compensation they seek. Having proper legal representation is imperative to the success of your New Jersey dog bite claim primarily because of the complexity of these laws.

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Posted On: May 20, 2010

New Jersey Motorcycle Fatalities On the Rise

Between 2003 and 2007, 377 motorcyclists died on New Jersey’s highways. According to the Federal Highway Authority, about 2,500 motorcycles are involved in collisions each year in New Jersey. Statistics demonstrate that if you are involved in a motorcycle accident in New Jersey, you have a 75 percent chance of being injured.

With respect to Princeton motorcyclists crashes involving other vehicles, more than half occur at an intersection, and more than two-thirds involve a driver not being able to see the motorcycle. With respect to crashes not involving other vehicles, more than two-thirds result from excessive speed, 22% of fatalities lack a proper motorcycle license, and 44% of single motorcycle fatalities occur at corners or during turns.

In New Jersey, motorcyclists are required by law to wear a DOT (FMVSS 218) approved helmet. Wearing a helmet is the most significant step that a motorcycle operator can take to save his/her life. However, unfortunately, even when a motorcycle operator takes every conceivable precaution, it is still common for motorcycle injuries and fatalities to occur.

If your loved one has been killed in a NJ motorcycle accident, you may have an action for wrongful death against another driver, business or municipality. The experienced New Jersey wrongful death attorneys at Lependorf & Silverstein can help you evaluate potential claims, preserve important evidence and investigate the facts surrounding the tragic incident.

As a consequence of our many years of trying wrongful death cases, our qualified attorneys can prove negligence and causation, and win a fair verdict or settlement for our clients. You deserve to be compensated for your incredible loss, and our experienced New Jersey fatal accident lawyers have a proven track record of obtaining just compensation for individuals and families who have lost a loved one as a result of another’s negligence. Call (609) 240-0040 to speak immediately with an attorney at Lependorf & Silverstein.

Posted On: May 17, 2010

Court Holds that Drunk Drivers Have Standing to Sue Liquor Establishments

A New Jersey appeals court has ruled that liquor establishments are not sheltered by a state law that prohibits drunk drivers implicated in collisions from suing other parties for damages. According to the New Jersey Law Journal, the 1997 New Jersey drunk driving law provides that a driver convicted of a DUI in connection with an accident "shall have no cause of action for his or her injuries." However, the appeals court has held that this law does not immunize liquor store establishments from liability if they serve intoxicated patrons and set them loose on the road.

More specifically, the court ruled that the 1997 law did not defeat New Jersey’s Dram Shop Act, which protects the rights of people who suffer damages as a consequence of the negligent service of alcoholic beverages by licensed servers. This decision is believed to be the first by a state appeals court to expressly deprive licensed liquor establishments of immunity in such cases.

If you or a loved one has been injured in an accident in which alcohol consumption was a contributing factor, you may be entitled to compensation from a negligent server or liquor establishment proprietor. You will need to speak with an experienced New Jersey accident attorney who can help you evaluate the potential liability of third parties under the Dram Shop Act. Dram shop liability refers to the responsibility of a bar, restaurant or other business that provides alcohol to an obviously intoxicated person or a minor who then causes injury to another. If you believe that you may have a claim under New Jersey’s Dram Shop Act, call (609) 240-0040 to speak with one of the thorough and aggressive New Jersey personal injury attorneys at Lependorf & Silverstein.

Posted On: May 14, 2010

New Jersey Woman Settles with NJ Transit for $1.2 Million

A 19-year-old Belmar woman has settled a lawsuit with NJ transit for $1.2 million for injuries she suffered when she was struck by a passenger train. According to an nj.com article, witnesses were prepared to testify that the crossing gate was not working.

Subsequent to this incident, NJ transit made safety upgrades at 33 different stations in order to steer passengers away from dangerous sections of track. Covering a service area of 5,325 square miles, NJ Transit is the nation's largest statewide public transit system and third largest provider of bus, rail and light rail transit. NJ Transit links major points in New Jersey, New York and Philadelphia.

U.S. statistical data demonstrates that every two hours a railroad accident occurs in which a vehicle or pedestrian is struck by a train. According to The Federal Administration Office of Safety Analysis, in 2007 there were 13,067 railroad related accidents, resulting in 851 deaths and 8,801 non-fatal injuries. Rail accidents can be caused by a multitude of different factors, including signal defects, equipment malfunctions, track defects, improper warnings and human errors. Personal injuries suffered by those who have been involved in train accidents tend to be severe, resulting in tremendous pain and suffering, large medical bills, and other substantial costs.

If you or a loved one has been injured in a train accident, you should contact an experienced New Jersey injury attorney at Lependorf & Silverstein today. Our attorneys understand how to litigate a wide range of personal injury cases, and will aggressively pursue just compensation on your behalf. Call (609) 240-0040 for a free consultation with one of our skilled attorneys.

Posted On: May 13, 2010

Readington Hit-and-Run Crash Injures Pair of Bicyclists

A man and a boy were struck by a vehicle and seriously injured while riding their bicycles in Readington on Saturday, May 1. According to The Star-Ledger, the driver of the vehicle which struck the pair of cyclists fled the scene prior to police arriving. The hit-and-run driver’s vehicle was ultimately stopped by law enforcement officials and the suspect was subsequently charged with careless driving and leaving the scene of an accident in New Jersey.

One of the biggest obstacles to overcome in bringing a New Jersey personal injury lawsuit related to a bicycle accident is the common misconception that cyclists are reckless and generally a nuisance on the public roads. If you have been struck by a vehicle while riding your bike, it is crucial that you take measures to preserve relevant evidence. You should:

  1. take photos;

  2. document relevant road conditions;

  3. obtain detailed information regarding property damage; and

  4. record any other important information that might have effected traffic, visibility or maneuverability.

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