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Archives for October 2021
Car Accidents Caused by Bad Weather
Who Is Responsible for Motor Vehicle Accidents in Inclement Conditions?
According to statistics compiled by the National Highway Traffic Safety Administration, more than a million people are injured every year in motor vehicle accidents caused by or involving poor weather conditions, such as snow, ice, heavy rain, fog or even glaring sun. There’s a common perception that, because the weather is “an act of God,” that no one should be held responsible for a car accident in inclement weather. That’s simply not true.
How Is Liability Established in a Weather-Related Car Crash?
In New Jersey, as in other states, the laws governing personal injury are mostly governed by the common law (judge-made law), and are not found in statutes. Accordingly, there’s no written law in New Jersey that identifies exactly who is liable for a weather-related accident. Instead, the determination of liability is based on the legal principle of negligence.
The concept of negligence, as it has evolved over the centuries and as it is currently applied in New Jersey, requires every person in society to exercise a “reasonable” amount of care when engaging in any activity. That applies to driving a car, designing or manufacturing a product, or maintain residential or commercial property, among other things. Accordingly, when a person gets behind the wheel of a car, they have a duty to act as a reasonable person would. That includes not only the actions they take while behind the wheel, but also the initial decision whether to get behind the wheel and take the car on the road.
There is likewise no specific rule or law identifying what will be considered as reasonable. That determination is made by a jury on a case-by-case basis. If a person has been hurt in a motor vehicle accident that happened in poor or inclement weather, the jury will first need to determine whether driving in that weather at all was reasonable. If it was not, there may be liability (on one or both parties).
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all motor vehicle accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Accidents Caused by Debris from Other Vehicles
Can You Sue Another Driver When Falling Objects Cause a Wreck?
It’s not uncommon for objects falling from the vehicle of another driver to cause a motor vehicle accident. A person may have accumulated snow or ice that limits the visibility of a trailing driver or causes the other driver to veer to avoid impact. A motorist may have an unsecured load in a trailer or a waste hauler or earth mover may deposit a shower of materials on drivers following in the same lanes. In fact, some of those companies have conspicuous signs on their vehicles advising that they won’t be liable for damages caused by falling debris. Can you file a personal injury claim for losses when an accident stems from an object falling off another vehicle? Absolutely!
Liability for Accumulated Snow and Ice
In New Jersey, there’s a law that requires motorists to remove snow and ice from a vehicle before taking it on the road. Though that’s a criminal law that can lead to fines, the courts in New Jersey have also found that the standard of care for driving a motor vehicle in snowy or icy conditions requires that you take reasonable steps to remove snow or ice from your vehicle. Failure to do so can be deemed negligence.
Falling Debris from Other Vehicles
The same standard will apply for any other falling debris that causes an accident. The court will look at the steps the driver took to prevent items from falling and posing a risk of accident, and will determine if those steps were reasonable. If they were not, the driver may be liable. Furthermore, posting a sign on a vehicle attempting to limit liability will generally have little legal effect.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all motor vehicle accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Slips and Falls on Leaf Piles in New Jersey
What Are the Duties of a Property Owner with Respect to Accumulated Leaves?
It’s that time of year, when the leaves start changing colors and falling to the ground. It’s not uncommon to encounter large piles of accumulated leaves on sidewalks, driveways and on steps or porches. What are the responsibilities of homeowners or businesses in New Jersey regarding the pileup of leaves on walkways, thoroughfares and entryways?
The Standard of Reasonable Care
In New Jersey, all commercial and residential property owners have a duty to take reasonable steps to ensure the safety of anyone legally on the premises. That duty can extend beyond owners, though, to anyone who has responsibility for maintaining the property. Accordingly, a tenant or even a property manager may have liability for injuries suffered on real property.
It’s important to understand that the duty does not require that the owner, property manager or tenant eliminate any risk of injury. There is no mandate that any potential injury be avoided. Instead, the party responsible for maintaining the premises must only take those measures that would be deemed reasonable.
The law governing personal injury does not establish a clear guideline for determining what will be considered reasonable. Instead, that assessment is made, on a case-by-case basis, by the trier of fact (typically the jury). Courts apply the doctrine of stare decisis (Latin for “let the decision stand”) to every case, requiring juries to give greater weight to prior decisions involving the same or similar fact situations, ensuring consistency in the law.
Accordingly, in the fall, a property owner will have a duty to take reasonable measures to minimize the risk of injury because of accumulated leaves. That may involve removing the leaves, warning potential visitors of the dangers, or redirecting pedestrians away from the known danger.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of slip and fall, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
