Morristown, New Jersey Personal Injury Law Blog

Federal agency reversing course on trucking safety regulations

Under the previous administration, regulators with the Federal Motor Carrier Safety Administration, which regulates commercial trucking, had drafted a number of regulations aimed at reducing truck crashes. The new administration has now halted or reversed a number of those safety gains, and traffic safety advocates are worried.

"All the numbers are trending the wrong way," said the head of the Truck Safety Coalition. "We're over 4,000 deaths a year now in truck crashes. It's been going up steadily and we need to do something now."

When is an accident the pedestrian's fault?

Let's say it is rush hour, and you are driving through heavy traffic. All of a sudden, a pedestrian crosses in front of you. To prevent colliding with the pedestrian, you step on the brake pedal. In the space of one second, you are struck from behind, and so is that driver, and so is the driver behind that driver. All four drivers are injured in the pile-up.

It doesn't happen often, but sometimes drivers sue pedestrians - the opposite of most pedestrian injury situations.

SHOULD NJ INCREASE ITS DUI/DWI PENALTIES?

Last month, two grandparents were killed in a tragic car accident involving a drunk driver whose license had already been suspended. Frank Cabezas, 23, was driving with a suspended license from a previous DUI conviction when his car collided with the car of the victims.

Following this accident, residents, lawmakers, and media outlets once again are examining New Jersey's drunk driving laws, and asking whether those laws are designed to prevent drunk driving accidents or punish drunk drivers, and how effective the current DUI laws are at doing either.

TRUCK ACCIDENT INJURY PREVENTION METHODS CONTINUE TO BE DEBATED

One of the most dangerous aspects of any truck accidentinvolving a large commercial truck is that of a "side underride collision". This type of truck accident involves a passenger vehicle colliding with the side of a truck, and passing under the truck itself.

Government statistics suggest that almost 200 American drivers every year are killed in exactly this kind of truck accident, and yet, the debate rages on regarding the implementation of further safety standards to prevent exactly this type of accident, the resulting injuries, and often cases of wrongful death from occurring.

RECOVERING COMPENSATION THROUGH A PERSONAL INJURY SETTLEMENT IN MORRIS COUNTY

Even though movies and television shows love to dramatize the suspense of a trial, and a final jury verdict, the fact of the matter is that almost 97% of personal injury claims are resolved in settlements, and not jury verdicts.

Resolving a personal injury claim through a settlement has advantages for both sides involved in the dispute (which we will discuss in detail below), but it is important to remember that even though your personally injury claim most likely will be resolved through a settlement of some kind, you and your Morris County personal injury attorney still need to be prepared for a trial. In fact, it is this willingness and preparedness for trial that often causes the insurance company to actually make a fair settlement offer in the first place.

WOMAN SUES STATE AFTER BEING ARRESTED FOR REFUSING TO ANSWER QUESTIONS

In 2015, two New Jersey state troopers arrested Rebecca Musarra for refusing to answer their questions during a traffic stop. Apparently, upon being stopped for allegedly speeding, Musarra provided the officers with her license, registration, and insurance information, but then proceeded to remain completely silent as the troopers questioned her. The two troopers, Matthew Stazzone and Demetric Gosa, grew increasingly frustrated with Musarra's silence, and Trooper Stazzone then told Musarra that she was "going to be placed under arrest if you don't answer my questions."

Rebecca Musarra, a Philadelphia attorney, finally broke her silence as the police ordered her out of the vehicle, and placed her under arrest. She asked, "Are you detaining me because I refused to speak?", at which point the troopers responded "Yeah, obstruction."

MEDIATION IN PERSONAL INJURY CLAIMS

In the legal space, the term "mediation" is most often thought of in terms of an alternative method for resolving divorces. However, mediation can also occur during Morris County personal injury cases such as car accidents, truck accidents, slip and falls, construction accidents, injuries on public property, and any other kind of accident injury claim resulting from the reckless or negligent actions of another party.

But what is personal injury mediation, how does it work, and when might it take place during a personal injury claim? Let's take a look.

RECOVERING COMPENSATION FOR A GYM OR FITNESS CENTER INJURY IN MORRIS COUNTY, NJ

Ironically, while many people join gyms or fitness centers in order to stay healthy, those same places can pose many risks of serious injury to their members. Every year, thousands of people are injured in gyms and fitness centers in slip and fall accidents, or by improperly maintained exercise equipment. Heavy weights, hard floors, slick surfaces like pools or shower floors, and large metal machines all contribute to a dangerous environment.

In most scenarios, if you are injured on the premises of a business you may be eligible to file a Morris County premises liability claim in order to recover compensation for your injuries. Unfortunately recovering compensation for injuries you sustain at a gym can often be much more difficult, for one very important reason.

IMPORTANT STRATEGIES FOR DEALING WITH ACCIDENTS AND INJURY

Any time you are injured in an accident such as an auto accident, truck accident, motorcycle accident, construction accident, a slip and fall, on a poorly maintained premises, and more, it can be an extremely stressful, complicated, and difficult situation to successfully navigate. You want to ensure that you recover compensation for your medical expenses and lost income, and protect the financial and legal future of you and your family.

You're not an attorney, you don't understand all of the various intricacies of injury law, and you are overwhelmed, but here are a few tips which can help you better understand your options, and how to go about navigating the accident injury process.

HOW WILL THE INSURANCE COMPANY VALUE MY PAIN AND SUFFERING?

Personal injury cases come with three main types of compensatory damages; medical expenses, lost income, and pain and suffering. For more severe injuries, your Morris County personal injury attorney will most likely wish to consult with both medical experts and financial experts in order to thoroughly determine the full costs of your medical costs and lost wages. In the case of an injury which prevents you from returning to your previous line of work for example, you will need to accurately calculate not only the wages you will have lost over the course of your future employment, but also factor in potential raises and promotions as well.

While determining these numbers may require expert analysis, at the end of the day they are still mathematically achievable estimates. However, how do you put a number on the pain and suffering you have experienced as a result of your accident? Each person experiences these things differently, and even if you could qualify exactly the pain and suffering you have experienced, how do you put a number to it?

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Morristown, NJ 07960

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