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Establishing Fault in a Car Accident Claim

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Accidents Where There’s a Presumption of Liability

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car AccidentIf you’re involved in a motor vehicle accident and suffer personal injuries, you’ll want to take legal action to cover your losses. Most personal injury claims are based on a theory of negligence. To successfully make a legal claim based on negligence, you normally must show that the defendant (the person being sued) did not act reasonably under the circumstances, thereby causing the accident that resulted in your losses.

Certain Types of Accidents Involve an Assumption of Liability

But there are certain types of accidents that usually lead insurance companies to presume the defendant was responsible. In these types of claims, absent evidence to the contrary, insurance companies typically don’t challenge liability.

  • Rear-end collisions—One of the cardinal rules of the road is that you must pay attention to the road in front of you. Accordingly, if someone hits you from behind, it’s unlikely that you’ll be found liable, unless it can be shown that your brake lights were not working or that you were actually backing up at the time of the wreck
  • Left-turn accidents —The operator of a vehicle making a left turn will almost always be responsible for a collision with a car traveling straight in the opposite direction. There are exceptions to this general presumption, though—for example, when the driver traveling straight is speeding or fails to stop at a traffic light.

Contact the Law Office of Howard D. Popper

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. Currently, all our client communications are by phone, text message, and videoconference.

We handle all motor vehicle accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Happy 4th of July 2020

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Happy 4th of July 2020

On this Independence Day, let us all aspire to those principles that make our nation great—freedom, liberty, and justice for all. We wish you a safe and happy holiday with loved ones.

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car Accident

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What to Know If You Weren’t Wearing a Seatbelt at the Time of a Motor Vehicle Accident

Your ability to sue for injuries suffered in New Jersey

Not Wearing a Seatbelt? Can You Still Sue for Injuries Suffered in a Car AccidentMaybe you sometimes fail to put on your seatbelt because you’re in a hurry or get distracted. Or perhaps you’re simply in the habit of not wearing it. If you’re in an accident caused by the carelessness or negligence of another person, and not wearing a seatbelt at the time, can you still take legal action to recover for your losses?

The impact of failure to wear a seatbelt on an automobile accident claim in New Jersey

You are not be prohibited from taking legal action to get compensation for injuries sustained in a car crash, even if you weren’t using your seatbelt as required by New Jersey law. However, your failure to wear the seatbelt will likely diminish the amount you can recover.

The law is settled in New Jersey that not wearing a seatbelt while operating or riding in a moving vehicle constitutes negligence. When you bring a lawsuit to recover for personal injuries, it most likely will be based on a theory that the person who caused the accident was negligent. In cases where the person seeking damages was also negligent to any degree, courts apply the principle of comparative negligence. With that approach, the jury first determines the full amount of the injured person’s losses and then establishes the degree to which that person contributed to causing the accident and/or injuries sustained. The total amount of the damage award is then reduced by that percentage.

If you are injured in a motor vehicle accident, and you weren’t wearing a seatbelt, the defendant can argue to the court that you were at least partially to blame for the extent of your injuries—that you would not have been hurt as badly if you’d had on your seatbelt. Any award will be reduced if the jury finds that your failure to wear a seatbelt caused your injuries or made them worse. Under New Jersey’s “modified comparative negligence” approach, if the jury determines you were more than 50% responsible for your injuries, you may be denied any recovery at all.

Contact the law office of Howard D. Popper

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. Currently, all our client communications are by phone, text message, or videoconference.

We handle all motor vehicle accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Recovering Compensation after a Motor Vehicle Accident

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The Fundamental Requirements of a Claim for Damages

Recovering Compensation after a Motor Vehicle AccidentIf you suffer an injury in a motor vehicle accident—one involving a car, truck, motorcycle, bus, train, streetcar, or light rail—you may have a claim for financial compensation. What must you prove to successfully recover a monetary award for your losses? Though you can surely take legal action against someone who intentionally causes you injury with a motor vehicle, almost all legal claims relating to motor vehicle accidents are based on a theory of negligence.

What Is Negligence?

To secure damages in a personal injury claim based on negligence, you must show three things:

  • The defendant (the person from whom compensation is sought) failed to act as a reasonable person would (in other words, they “breached the duty of care”);
  • The breach of the duty of care caused an accident; and
  • As a result of the accident, you suffered actual losses.

The Duty of Care

As personal injury law has evolved over the centuries, it has imposed a duty on all persons in society to exercise reasonable care in all their actions. Among other things, that duty of care applies to driving a car, maintaining property, and designing and manufacturing consumer products. The laws do not specifically identify what qualifies as reasonable conduct—that’s typically determined by a jury.

Causation

To successfully prove that the defendant’s carelessness caused an accident, you must show that the accident would not have occurred had the defendant exercised reasonable care. In addition, you must demonstrate that the accident was a reasonably foreseeable consequence of the defendant’s failure to exercise reasonable care.

Actual Losses

Losses covered by insurance are not considered actual losses. In addition, if the accident caused no depreciation in the value of property and you had no physical injuries or lost wages, then you may not have a claim for compensation.

Contact the Law Office of Howard D. Popper

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. Currently, all our client communications are by phone, text message, and online videoconference. We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Can You Still Get Compensation for Motorcycle Accident Injuries If You Weren’t Wearing a Helmet?

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The Impact of New Jersey’s Modified Comparative Negligence Law

Can You Still Get Compensation for Motorcycle Accident Injuries If You Weren’t Wearing a Helmet?Under New Jersey law, anyone riding a motorcycle must wear a helmet while the bike is on the road. You can be ticketed for failure to do so, but what is the potential impact of not wearing a helmet on a personal injury claim? Suppose another motorist wrongfully turns into your path and causes you injury, but you aren’t wearing a helmet? Will you be unable to recover for your losses?

Comparative Negligence in New Jersey

In New Jersey, as in other states, when both parties have some degree of responsibility for the injuries sustained in a motor vehicle accident, the legal concept of comparative negligence applies. Under the principle of comparative negligence, the court first calculates the full amount of your injuries and losses. The court then determines the extent to which your own actions contributed to your losses and assigns you a percentage of the fault. In a motorcycle accident, if you weren’t wearing a helmet, it’s likely the court will conclude that your failure to comply with New Jersey’s helmet law contributed to your injuries, particularly if you have head trauma.

Under New Jersey’s “modified comparative negligence” statute, if the court finds that you were more than 50% responsible for your injuries, you cannot recover anything at all.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights in a claim involving a motorcycle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and online videoconference.

We handle all nursing home neglect claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Nursing Home Neglect during the COVID-19 Pandemic

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The Legal Duties of Nursing Home and Assisted Living Facility Operators

Nursing Home Neglect during the COVID-19 PandemicThe federal government recently reported that it believes about one of every four nursing homes in America—that’s more than 15,000 facilities—has been directly affected by the coronavirus pandemic. Medical rights advocates say that nearly 50% of all COVID-19 related deaths have been nursing home residents. Federal officials say that, even though nursing homes are required to report all suspected instances of infectious disease to state and local regulators, many have not.

When Can a Nursing Home or Assisted Living Facility Be Legally Responsible for the Consequences of Infectious Disease?

When your loved one goes into a nursing home or assisted living facility, you expect that they’ll get good care and proper attention. When that doesn’t happen, and there’s illness, injury, or death, the available legal claims are typically based on negligence. To prove a claim of negligence, you must show that the nursing home failed to meet the proper standard of care. You also must show that the failure to meet that standard caused injury, illness, or death.

The Standard of Care in a Nursing Home Neglect Case

In a nursing home neglect claim, as in all legal actions based on negligence, you must prove to the jury that the defendant (at-fault person or entity) failed to act as a reasonable person would under the circumstances. There is no codified law that identifies the specific actions required; rather, juries determine, on a case-by-case basis, what is reasonable. A jury does not, however, have the latitude to establish its own standard of care but must follow the legal concept of stare decisis (“let the decision stand”), which requires a jury to give considerable weight to prior court rulings on similar issues.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights in a claim involving nursing home neglect or abuse, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all nursing home neglect claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Potential Sources of Recovery after a Motor Vehicle Accident in New Jersey

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The Different Parties from Whom You May Be Able to Recover

Potential Sources of Recovery after a Motor Vehicle Accident in New JerseyWhen you’re hurt in an auto, truck, or motorcycle accident in New Jersey, you typically turn to your insurance provider to recover for your losses—that’s how New Jersey’s “no-fault” auto insurance laws operate. You purchase personal injury protection (PIP) coverage, which allows you to recover a specified level of compensation without the need to prove liability in a court of law. In some situations, the amount provided under your policy is sufficient to cover your losses. But what if it’s not?

Other Potential Sources of Recovery After a Car Accident

If you exhaust all the benefits available under your policy but still have not covered all your losses, you may be able to pursue compensation directly from the at-fault party or their insurance provider. If the at-fault party had inadequate insurance, or no insurance, you may be able to look to your insurer for additional compensation, provided you had a provision in your insurance policy that covered uninsured or under-insured motorists. Such a provision usually is not included among the standard policy terms but often is sold as a rider to the policy.

In the absence of such a provision, you may look for other potentially liable parties:

  • If your accident was caused by a drunk driver, there may be liability on the part of a bar, tavern, liquor store, or other party who provided alcohol to the intoxicated person.
  • Manufacturers, distributors, and designers of defective vehicles or vehicle parts may be liable under product liability laws.
  • Municipalities or municipal agencies can be liable if your accident was the result of poor maintenance of roadways or roadway defects.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and online videoconference.

We handle all motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Can You Recover Damages When Someone Runs You Off the Road?

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Does There Need to Be a Collision for You to Have a Claim for Injury or Loss?

Can You Recover Damages When Someone Runs You Off the Road?It happens more than you would think. You’re on the highway, passing another vehicle, when the driver veers into your lane and doesn’t see you because you’re in his blind spot. Or a driver fails to look both ways before making a turn and crosses into your path. What happens if you take evasive action in such circumstances and manage to avoid a collision but end up crashing into a ditch, telephone pole, or other object? Does there have to be contact with another vehicle for you to have a personal injury claim?

Fortunately, the answer is no. Motor vehicle accident claims, like other personal injury lawsuits, are usually based on the legal principle of negligence. You don’t need to show impact, only negligence on the part of the other driver.

What Constitutes Negligence?

The law assumes that every person in society has a duty to exercise reasonable care at all times, including while operating a motor vehicle. To succeed in a lawsuit alleging negligence, you first must show that the defendant (the person from whom you seek compensation) failed to meet the standard of care. That standard is not written into law anywhere but is determined by the jury. Ultimately, the jury looks at the actions of the defendant and decides whether they were reasonable.

Once you’ve shown that defendant breached the duty of care, you must demonstrate that the failure to act reasonably caused the accident and that you suffered actual damages as a result.

In a motor vehicle accident case where there was no collision, the court will determine whether the actions of the defendant (e.g., the failure to look before changing lanes or making a turn) rose to the level of negligence. It won’t matter that there was no impact.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after a vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Who’s Responsible for a Rear-End Collision?

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Is It Always the Driver in the Back?

Who's Responsible for a Rear-End CollisionStatistics confirm that one of every three car accidents in the country are rear-enders. There are a wide variety of causes, including excessive speed, distracted driving, mechanical failure, and fatigue. A common misperception is that the personin the rear car is always responsible. But is that really the case? If not, what are the situations where liability may differ?

Determining the Basis for Liability

When you’re seeking compensation for a personal injury, it’s almost always based on a legal theory of negligence. Negligence requires that you show three things:

  • You must show a breach of duty—Under the laws governing personal injury, every person in society has a duty to engage in reasonable behavior atall times and with respect to all actions—driving a car included. A person will be considered negligent only if it can be shown that his or her actions were not reasonable under the circumstances.
  • You must establish cause—The accident must have been the result of the other driver’s failure to act reasonably.
  • You must demonstrate actual loss—As a consequence of the accident, the injured party must have lost something of value.

As a general rule, it’s reasonable to expect that a person behind the wheel of a car to focus their attention on the road ahead. Accordingly, if you rear-end someone because you aren’t paying attention—whether because of fatigue or distraction—you can be held liable. Likewise, if you’re traveling at a speed that makes it impossible to stop in time, that can be considered negligence.

When the Following Driver May Not Be Liable

Though it’s rare for the driver in the rear to escape liability, it does happen in certain circumstances:

  • The front vehicle is stopped in the road without any hazard lights on.
  • The driver in front is moving in reverse at the time of the crash.
  • The driver in front brakes but has non-functioning brake lights or lights that are obscured by snow or other substances.
  • The driver in the rear has a vehicle malfunction, in which case liability may bewith the vehicle manufacturer or a garage that serviced the vehicle.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Motor Vehicle Accidents Involving Cell Phone Use by Drivers

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Can You Be Liable Simply Because You Were on Your Phone at the Time of the Crash?

Motor Vehicle Accidents Involving Cell Phone Use by DriversIt seems like everyone does it—you’d be hard-pressed to find a motorist who doesn’t talk on a cell phone while driving. It happens a lot even in states like New Jersey, where drivers are prohibited by law from using any handheld device, including a cell phone, while driving. Can you be held liable for a motor vehicle accident based solely on the fact that you were using a mobile phone at the time of the crash?

Liability for Personal Injury in New Jersey

Most personal injury claims in New Jersey are based on a legal theory of negligence.(We noted in a previous blog that dog bites are one of the exceptions.) When you bring a legal claim for negligence, you must show three things:

  • The defendant did not act reasonably;
  • The failure to act reasonably caused an accident; and
  • As a result of the accident, you suffered an actual loss.

Applying this standard to a motor vehicle accident where one of the parties was using a handheld phone at the time of the crash, the jury would go through the following analysis:

  • Was it unreasonable for the person to be driving and using a handheld device at the same time? The fact that doing so in New Jersey is against the law would be compelling evidence that it is unreasonable.
  • Was the use of the handheld phone the cause of the accident? Here, the analysis would be two-fold. First, would the accident have occurred if the driver had not been on the phone? Second, was it reasonably foreseeable that driving while talking on the phone might lead to an accident?
  • Did the plaintiff suffer actual losses? Were the losses covered by insurance? Were there any physical injuries? Did any property lose value because of the crash?

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss any personal injury claim, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

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COVID-19 Firm Update

To our clients, neighbors and members of our community who may require legal services during this uncertain time, we are here for you. Although our dedicated team is working entirely remotely, the use of telephone, texting & video conferencing allows us to stay connected. We hope you and your family stay safe during the COVID-19 situation. Continue to check our website for important updates. We are here to help.