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Protecting Your Rights After a Rideshare Accident

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Who Pays for Your Losses? Do You Have a Claim against the Driver or the Company?

Rideshare AccidentThere are many ways that Uber, Lyft, and other rideshare operators make our lives easier. You can get picked up and dropped off easily, you don’t have to look for (or pay for) parking, and you can save wear and tear on your car. But what happens if you are involved in a motor vehicle accident while sharing a ride? Who should compensate you for your losses? What if an Uber or Lyft driver hits you on the way to pick up a fare, or on the way home at the end of the day?

Seeking Damages from the Rideshare Company

Under the legal doctrine of respondeat superior, when an employee of a company causes a motor vehicle accident, the company has liability, provided the accident occurred “in the course of” the employee’s job.

If you suffer loss, look for a responsible party with the ability to pay. In all likelihood, the rideshare company will have more resources (deeper pockets), so that may be your first thought. Unfortunately, most rideshare drivers are classified as “independent contractors,” which means they technically are not employees. Because they are not employees, the principle of respondeat superior generally doesn’t apply.

That being said, all reputable rideshare companies require drivers to have auto insurance. In addition, some rideshare companies, such as Uber and Lyft, carry their own policies of insurance to cover such contingencies. Here’s how the coverage generally works:

  • If a driver was not working at the time (the rideshare app was turned off), the only coverage available is through the driver’s personal auto insurance provider.
  • If the driver was available for rides (app was turned on), but did not have a ride, Uber and Lyft offer liability insurance up to $100,000.
  • If the driver had a rideshare passenger at the time of the accident, the coverage is higher (up to $1 million).

Contact an Experienced and Effective Personal Injury Attorney

For a free initial consultation, contact our office online or call 973-993-8787. We have office locations in Morristown and Newton but will visit you at home or the hospital, if necessary.

We take all personal injury claims on a contingent fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Disability Benefits Available through the Social Security Administration

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Social Security Disability Insurance | Supplemental Security Income

Disability Benefits Available through the Social Security AdministrationIf you have a physical or mental condition that prevents you from working, you may be eligible for disability benefits through the Social Security Administration. Under federal law, there are two types of benefits for which you may qualify: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Eligibility for Social Security Disability Insurance

To qualify for Social Security disability benefits, you must be disabled, and your disability must either last (or be expected to last) at least 12 months or end in your death. In addition, you must have worked enough, while paying FICA taxes, to have earned sufficient “work credits,” and you must have worked a certain amount during five of the 10 years prior to when you are determined to be disabled.

Eligibility for Supplemental Security Income

The first thing to understand about Supplemental Security Income is that it is a program jointly operated by the federal government and the states. Accordingly, eligibility for SSI benefits varies from state to state. In addition, while a disability can qualify you for SSI, you also can be eligible based on age or blindness.

To meet the federal requirements for SSI, you must show that you:

  • Are disabled, blind or over the age of 65,
  • Have U.S. citizenship, or meet specific criteria with respect to permanent residency, asylum or refugee status,
  • Have limited income—the amount varies from state to state, but typically runs from $700 to $1,400 per month, and
  • Have limited assets—generally, the value of property other than your home or car must be less than $3,000, and even less in some states.

Contact an Experienced and Effective Personal Injury Attorney

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We take all Social Security disability claims on a contingent fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Filing a Lawsuit for a Dog Bite or Attack in New Jersey

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The Different Types of Liability for Animal-Related Injuries

Filing a Lawsuit for a Dog Bite or Attack in New JerseyIf you are injured by a domestic animal in New Jersey, you may have a right to seek damages for your losses, unless the animal’s owner can show you provoked the attack or were trespassing at the time of the incident. Based on your injury, different types of claim are available.

Dog Bites

Like most states, New Jersey has a strict-liability dog-bite law. The legal concept of strict liability means that you do not need to show carelessness or negligence on the part of the dog owner. Instead, if you can show that you were legally on the premises, and that the defendant’s dog bit you, the defendant will be liable for all injuries or losses. Note that, under the concept of strict liability, there’s also no needto show that the dog’s owner had knowledge of the dog’s prior aggressive or viciousbehavior. New Jersey’s strict-liability law applies only to incidents involving dog bitesand not bites by other animals.

Maulings, Knockdowns and Other Injuries

If a dog or other animal injures you without biting you—for example, by knocking you down or scratching you—the strict-liability statute does not apply. Instead, you must file a negligence-based claim. Unlike the strict-liability laws governing dog bites, negligence claims are not based on written statutes but have evolved throughthe “common law,” the judge-made law found in court opinions.

For a negligence claim, you must show that the owner of the animal failed to take reasonable actions to control its behavior. One of the most common ways to do that is to show that the owner had prior knowledge of aggressive behavior. You also mustshow that the owner’s failure to control the animal caused your injury.

Contact an Experienced and Effective Personal Injury Attorney

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but willvisit you in your home or the hospital, if necessary.

We take all dog-bite and other injury claims on a contingent-fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Wrongful Death in New Jersey—An Introduction

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What Is Wrongful Death? Who Can File a Wrongful Death Action?

Wrongful Death in New JerseyWhen your loved one dies because of the carelessness or negligence of another person, you have the right to seek compensation for all your losses. In New Jersey, there are two different legal claims that arise after an accidental death—a wrongful death action and a survivor action. In this blog, we’ll look more closely at wrongful death claims.

What Is Wrongful Death?

Under New Jersey statute, a wrongful death is defined as one “caused by the wrongful act, neglect or default of another.” The factual circumstances typically must be such that the person who died would have had a valid personal injury claim if he or she had lived. However, because the person who suffered the injury is deceased, the claim must be brought by a third party on behalf of the decedent. Accordingly, a wrongful death claim is typically brought by the executor or personal representative of the deceased’s estate on behalf of surviving family members.

Who Can File a Wrongful Death Claim?

In New Jersey, even though the wrongful death claim must be filed by the executor or personal representative of the estate, any damages awarded will be distributed to family members or others, as set forth in New Jersey law. Such compensation may go to:

  • The surviving spouse, children and grandchildren of the deceased
  • Any surviving parents
  • Surviving siblings, nieces or nephews, and
  • Any other person who can prove financial dependence on the decedent.

There is, however, a hierarchy for the distribution of damages. The spouse and surviving children take priority—surviving parents are not entitled to any compensation unless there are no surviving children and no surviving spouse. Siblings, nieces and nephews receive no monetary award if there are surviving parents, children, grandchildren, or a surviving spouse.

Contact the Law Office of Howard D. Popper

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We take all wrongful death claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Slips-and-falls on Ice or Snow in New Jersey

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The Duties of Landowners to Remove Snow and Ice

Slips-and-falls on IceIt’s officially winter in New Jersey, and that means ice and snow. Unfortunately, ice and snow can also mean slips and falls, particularly when a property owner fails to clear sidewalks or other thoroughfares. Sometimes, though, snow or ice can come unexpectedly and leave the landowner little time to clear it. Does a property owner have an absolute duty to ensure that anyone legally on the property isn’t hurt in a fall on snow or ice? If not, what are the responsibilities of those who control residential or commercial property?

With respect to the first question above, the answer is “no.” The owner or person in control of residential or commercial property does not have an obligation to prevent every possible injury due to snow or ice. Instead, the duty requires only that the owner/controller act as a reasonable person would. Typically, that question is a factual issue for the jury. The jury may look at a number of factors when determining reasonableness:

  • Is there a history of accumulation of ice or snow where the accident occurred? Was it reasonable to expect that there would be a hazard?
  • How much time elapsed between the accumulation and the injury?
  • How much would it have cost to remedy the situation?

It’s also important to understand that the owner/occupier may opt to prevent access to the property, or to provide reasonable warning, instead of removing snow or ice.

Residential vs. Commercial Property

New Jersey applies a different standard to residential property than it does to commercial property. The owner/controller of residential property generally has no duty to remove accumulations of snow or ice, and it is therefore unusual for a person who slips and falls on ice or snow on residential property to recover damages. A residential owner generally is liable only if his or her actions made the hazardous situation worse.

With commercial property, there’s no requirement that the owner have actual knowledge of the accumulation, provided it is reasonably foreseeable that there could be such an accumulation.

Contact Us

To arrange a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will come to your home or the hospital when necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Is the Tailing Driver Always Responsible for a Rear-End Collision?

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Determining Liability for a Rear-end Accident

a Rear-End CollisionIf you’ve been hurt when someone crashed into the rear of your car, you’re not alone. According to statistics, nearly two million rear-end collisions happen every year in the United States. A common perception is that, because all drivers must pay attention to the road in front of them, the tailing driver always has the duty to act in a way that minimizes the risk of a crash. Under that theory, the tailing driver is always liable for a rear-ender. But that’s not accurate.

Negligence as Applied to a Rear-end Crash

Fault in a motor-vehicle accident generally is based on the legal principle of negligence. To successfully prove negligence, you must show that:

  • The defendant had a duty to act reasonably under the circumstances and breached (failed to meet) that duty
  • The breach of duty caused an accident
  • You suffered actual loss as a result of the accident

As a general rule, everyone in society has a duty to act reasonably in all pursuits, including the operation of a motor vehicle. There are a number of ways a motorist can fail to meet that standard when traveling behind another car on the road:

  • Operating the car at an unreasonable speed, such that it cannot be stopped in time to avoid an accident
  • Failing to monitor the road and traffic so as to be aware of hazards that might prevent proper braking (ice on the road or another motorist out of control, for example)
  • Failing to maintain brakes in working order
  • Failing to take weather conditions (rain, snow, or ice) into account

There also are ways the driver in front can be negligent:

  • Failing to keep brake lights in operating condition
  • Failure to maintain or use turn signals
  • Shifting the car into reverse without warning
  • Attempting but unexpectedly failing to execute a turn
  • Leaving the car in the middle of the road after experiencing mechanical difficulties

In any rear-end accident, the court can look at the conduct of both parties, evaluate whether one or both behaved negligently, and allocate liability accordingly.

Contact Us

To arrange a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will come to your home or the hospital when necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Burden of Proof in a Commercial Slip and Fall Case in New Jersey

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Which Party Has to Prove Its Case to the Judge and Jury?

The Burden of Proof in a Commercial Slip and Fall Case in New JerseyAs a general rule, in any case involving allegations of negligence or carelessness, the injured person—known as the “plaintiff”—must typically prove his or her case by the weight of the evidence. That includes slip and fall, or “premises liability” claims. The owner/controller of real property generally has a duty to maintain the premises so as to minimize the risk of injury to legal visitors, but it’s still the injured party that must show that owner/controller failed to meet the standard expected.

There is, though, a situation legally recognized in New Jersey where that burden shifts from the plaintiff to the defendant. It’s known as the “mode of operation” doctrine. Under this legal principle, which applies only to business or commercial premises, if the enterprise is one which, by its very nature, leads to a dangerous or hazardous condition on the premises, there will be a presumption that the owner/controller should anticipate such a condition, and therefore has “constructive knowledge” of it. Constructive knowledge essentially means that the owner/controller should have discovered the situation through reasonable means, such as regular monitoring of the property.

In such a case, if the plaintiff can show that he fell on because of hazardous conditions on the defendant’s property and that the “mode of operation” rule applies, there is a presumption that the owner/controller knew of the condition, which shifts the burden of proof to the defendant. The owner/controller may then introduce evidence indicating that his or her response to the hazardous condition was reasonable.

As a practical matter, the “mode of operation” rule is most often applied to businesses such as restaurants and grocery stores, where it’s deemed reasonable that the owners or operators should know about the likelihood of water or other slippery substances on the floor.

The New Jersey Supreme Court has ruled, however, that the “mode of operation rule” will only be applied in “limited circumstances”:

  • When the business offers self-service options, and
  • In those areas of the business where customers may exercise a self-service option

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

Slip And Fall Injury

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Slip And Fall InjuryWe offer full-service legal counsel to people who have been hurt while on someone else’s residential or commercial property, handling cases involving injuries sustained because of Icy or snowy conditions on steps, stairs, sidewalks or ramps and in parking lots, Call US at 973-993-8787 to schedule an appointment. Your first consultation is without cost or obligation.

Happy Thanksgiving 2019

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Happy Thanksgiving 2019

“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen

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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.