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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Jaywalker v Reckless Driver – Who was Responsible for the Injury?

Reckless driving and reckless walking can lead to some unsafe situations. When someone drives around without looking at the road or walks on the road without looking, things, unsurprisingly, will go wrong very fast. It seems inevitable that their mutual negligence will result in someone colliding into the other and that the motorized vehicle, being faster and larger, will cause more severe damage to the smaller, frailer human.

But when the case is brought to civil court, who is at fault? Who would be more at fault for the situation? New Jersey is a partial comparative negligence state. This means that the jury will place a percentage of responsibility on the parties involved. If the jury determines that the jaywalker is 50% responsible for the accident, they will pay 50% of the personal injury damages, while the other 50% will be paid by the driver. However, in these cases, what factors would a jury and judge need to consider in order to determine who pays what?

6 Common Car Mechanical Failures That Can Get You Into an Accident

Personal Injury cases often deal with car accidents. People can be seriously hurt or injured by a vehicle when driving. You might find yourself rammed from the side, rear-ended, or cut off in abrupt and violent ways that lead to cars colliding or crashing. Sometimes, the fault can be due to another driver’s negligence.

However, very often, it is also the result of mechanical failure. This mechanical failure is often the responsibility of the driver to detect through reasonable means. However, these car issues can be serious issues that can put you and other people in jeopardy. These common car mechanical failures can result in you getting into a horrible accident.

5 Most Common Disorderly Persons Offenses in NJ

If you are a fan of police or legal procedural shows, you might be shocked by the New Jersey legal system’s lack of familiar criminal jargon. The state of New Jersey does not have “felony” or “misdemeanor” charges. Rather, it incorporates the term Common Disorderly Persons Offenses as a substitute for criminal misdemeanors. These are further broken down into two sub-categories: regular Common Disorderly Persons Offenses and Common Petty Disorderly Persons Offenses.

If you are a New Jersey citizen, you need to know what these disorderly persons offenses are – or at least the most common, popular ones. What do you, as a citizen of the state, need to know about these?

What Are the Most Common Causes of Car Accidents in New Jersey?

Car accidents occur often in New Jersey. You could be driving along the road when some other driver plows into the side of your vehicle or cuts you off. Drivers can be negligent. Drivers can be drunk. Anger or apathy can result in vehicles speeding down lanes they should not travel, which can only result in you or a loved one being hurt.

If a vehicle has struck you or your car, damaging either your body or possessions, you are entitled to personal injury money. Thankfully, the New Jersey Civil Court system has multiple charges set in place for the most common car accidents out there. If you are caught off-guard, you might want to consider utilizing the following means to get even against those who will hurt you.

Can a Pedestrian Be at Fault for Car Accidents?

When you hear that a vehicle crashes into a pedestrian, the first assumption is the driver was speeding or not paying attention to the road. When pedestrians are walking on the sidewalk or crossing the crosswalk at a light, drivers need to look forward on the road to react to whatever happens on the road. New drives? New walkers? These are factors that matter greatly to any driver. To ignore them is to behave in a negligent manner.

However, is it always the car driver’s fault if a pedestrian is hit? Drivers can be negligent, but so can pedestrians out for a walk. The only issue is that their negligence is usually self-destructive, putting them in harm’s way in an unnecessary fashion. This all invites the question: when are pedestrians at fault for vehicular accidents?

If you Get into an Accident Riding a Bicycle, Will Insurance Help You?

Every cyclist’s worst fear is being struck by a car while on the road. They might do everything right, driving along the curb with a helmet, a bell, and a light source for night driving. None of that helps when one car jumps the curb and plows into their side. Impact can send a cyclist flying into the fences or tumbling under the wheels of their car. Fear floods the senses, so much that you might not notice your mangled bike or splintered femur. With a bike accident, the injuries are typically more severe because you have nothing to protect you when you are hit and sent to the ground.

If you See Something Traumatic, Can You Sue for Emotional Damages?

Trauma doesn’t come with a price tag. If your car gets broken in, there’s monetary value to how much a new window or door may cost. If your leg breaks, therapy and hospitals will give you a fee for their services to help you heal. However, when it comes to witnessing something horrible, it’s far harder to find an economic value on your experiences.

Photo Evidence Can Help Win a Car Crash Personal Injuries Suit

The worst has happened. You’re driving your vehicle on the open road, eyes ahead. You are obeying every rule of the road, doing everything right. Then, something strikes your vehicle. Maybe a truck plowed through your passenger door, crunching seat into metal shards. Perhaps a car cut short – too fast for you to swerve out of the way – and you strike it head-on, folding your engine through your steering wheel. Your fingers have fragmented down to the knuckles, your skin is shredded as shards carve jagged gashes, and your passengers lay concussed next to you from heavy trauma to the skull.

Who Is Responsible For Dog Bite Injuries in New Jersey?

Personal injury cases can be traumatic. The money you receive for damages during a personal injury suit can both pay for medical charges and generate monetary compensation for the emotional trauma. While vehicular accidents and medical mishaps are painful, fewer things are worse than when man’s best friend turns on you and draws blood in a vicious attack. However, when pursuing a personal injury suit over a Dog Bite, you can’t sue the animal for money. The dog can’t pay for personal damages. So, what can you do in situations like these?

Understanding and Winning Your Trip-and-Fall or Slip-and-Fall Personal Injury Case

Slip-and-Fall

           One of the most common personal injury actions relate to an individual losing their balance and subsequently suffering injuries from a fall. Generally, when a fall occurs you can’t help but ask yourself, did I trip on something? Did I slip on something? While the distinction between a trip and slip may seem nonsensical, the legal distinction is important for a successful personal injury action. This blog will explore the differences between a slip-and-fall and trip-and-fall case, and how to obtain a successful outcome

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