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Jersey City Personal Injury Law Blog

Mode of operation doctrine not expanded for fast-food restaurants

Premises liability laws are in place to help you if you're hurt due to someone else's property being in poor repair. For example, if you are eating out at a restaurant and trip on flooring that has come loose, any injuries you suffer should be the responsibility of the restaurant owner. If you chose to seek compensation after an injury, then your attorney would file the claim against that facility for premises liability.

The New Jersey Supreme Court has recently made a decision that will not help those who want to seek to prove premises liability claims; the court decided not to expand the Mode of Operation doctrine. This doctrine gets rid of the necessity for an injured party to prove notice of an unsafe condition when the business's operations create the hazard. In the case reported, a woman claimed she had slipped and fallen on grease mixed with water at a local Kentucky Fried Chicken. She was initially awarded damages of $138,643, but an appellate court reversed that award, stating that the judge in the original case shouldn't have suggested the mode of operation charge to the jury.

You can make a claim for parking-lot crashes

Getting struck by a car in a parking lot can be a cause of stress in a multitude of ways. You may have injuries that need to be treated, or you could be concerned about the damage to your vehicle. Worst of all, you may not know if the other party can be held liable, since many parking lots can be complicated and the person at fault may not be easy to identify.

When you get into an accident in a parking lot, stay calm. You first need to take care of yourself and family. If you're hurt after the car crash, make sure you get the treatment you need before you worry about your vehicle or other issues. Call 911 and speak to a dispatcher about calling police and an ambulance to the scene if necessary.

When do most pedestrian accidents take place?

At some point in everyone's lives, they will be pedestrians. Pedestrians, which are defined as those on bicycles, walking or otherwise outside a motor vehicle, are at risk when they're near drivers and heavy vehicles. A simple mistake on a driver's part can lead to pedestrian accidents that can be fatal. Families who lose loved ones in these accidents usually need to make a legal claim for compensation, just like you'll need to if you've been hurt.

Even though everyone is a pedestrian, drivers sometimes aren't careful enough and fail to make decisions that would keep others safe. In the United States, 14 percent of all traffic fatalities in 2011 were pedestrians; that was a rise of 3 percent from 2010, showing that pedestrian accidents are increasing in number.

You deserve to be compensated when you're hurt on a motorcycle

As a motorcyclist, you reserve the same rights as other motorists on the roads. You have taken your licensing exams and are prepared to be safe on your vehicle, so shouldn't others also be held to those high standards? Sharing the road with motorists can be dangerous for motorcyclists, and the truth is that even though there is a bias against the safety shown by motorcyclists, it's often the other vehicle at fault.

There are some common stereotypes about motorcyclists, like the claim that they are too hard to see or that they weave in and out of traffic too often. Fortunately, with the right evidence collected, you can prove that the other driver was at fault for your accident. For example, if there are skid marks showing the other vehicle trying to stop too quickly before an intersection, you could show that you were rear-ended because of their failure to yield, not because you slammed on your brakes.

Courts rule that homeowners' associations liable for sidewalks

Does a homeowner's association have to be held liable for sidewalk injuries? Who is meant to repair the sidewalks if they're damaged? Can you make a claim against your association if they've left ice on the sidewalks and you've hurt yourself?

If you've just moved into a homeowners' association community, then you may have some questions about liability and how you'll be affected if you're hurt on a curb or sidewalk build by the association. An August 12 news report describes the fact that the New Jersey Supreme Court has ruled that homeowners' associations can be held accountable for any injuries that are suffered as a result of poorly maintained sidewalks.

You should be compensated following a pedestrian accident

If you're in a pedestrian or bicycle accident involving a vehicle, it's important that you're represented in a way that allows you to get the most out of your case. You should be able to get the compensation you need to cover your medical bills and lost wages, pain and suffering, and other financial losses, and you should know that the driver who hurt you is being held responsible for his or her actions.

In New Jersey, drivers are meant to yield to pedestrians and those on their bicycles. Sometimes, people are crossing the street when a car comes around a corner too quickly or are struck by a person driving recklessly and not paying attention. No matter why the accident happened, the injuries you suffered from being hurt can't be reversed. It's important that the driver learns that it's not okay to be neglectful while driving.

Motorcyclist deaths on the rise in the 2000s

Motorcycle accidents can be deadly for the people riding as well as those who are in the other vehicle. As motorcycles become more popular as a way to save money on fuel or to travel with a lower carbon footprint, it's important for drivers to be more aware of these motorcyclists. As a motorcyclist yourself, you know that it can be dangerous on the roads. How dangerous is it, though?

There are a few things that can affect your safety. For instance, you know that your motorcycle is less stable and visible than a larger passenger vehicle. You have less protection against a crash, too, and that can lead to serious injuries on impact.

How workers' compensation works in New Jersey

If you're hurt at work, do you know what to do? It's important to follow the correct procedures, so you can get compensated as soon as possible and start getting the treatment you need to get back to a healthy life. First, make sure you alert your employer immediately when you get hurt. It doesn't matter if it's a twisted ankle, laceration, or trip-and-fall accident; your employer needs to know you were hurt and what you want to do about the injury.

If you need medical treatment, then you should ask your employer and discuss where you are allowed to go for treatment; if it's an emergency, you should be taken to the hospital. If your employer won't allow you to see a physician through his or her insurance or won't report your accident to the workers' compensation insurance carrier, you can do so yourself. If you don't want to do that, then consider filing a claim with the Division of Workers' Compensation.

Are pedestrian deaths rising in New Jersey?

With pedestrian deaths on the rise in New Jersey, police have started to look for reasons why more people are being killed now than ever before. Across all of New Jersey, there was a record number of pedestrian fatalities in 2014; 169 people were killed. In 2013, 131 people were killed, showing a 29 percent increase between the years.

2015 isn't looking much better. In January, 13 people were killed. In February, 12 pedestrians were killed. In March, another 17 were pronounced dead from accidents on the roads. Not everything is bad news, though. Overall road fatalities are dropping in New Jersey, and in 2014, only 561 people were killed in comparison to 723 in 2004. The issue is that out of those deaths, the 151 pedestrians killed in 2004 made up 20.9 percent of the total number of fatalities, which is out of line. Now, 2014's numbers show that walking deaths added up to 30 percent of traffic deaths.

Emergency worker killed in accident with driver in East Brunswick

When you have an accident, you know to call emergency services for help. When you do that, ambulances with emergency medical technicians will come to you, whether you're suffering from a health issue at home or in a car accident in the city.

When these EMTs are driving to you, lights and sirens let others know they're on their way. When drivers hear these sirens or see the lights flashing, they should pull over and get out of the way to abide by the laws for emergency vehicles. If they don't or they continue on, an accident like this one could happen. In the tragic accident in New Jersey, a young woman lost her life after the vehicle she was in was struck and forced onto its side.

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