Auto accidents in company vehicles: Who is responsible?

Injured in a work-related car accident? Contact our Trenton, East Brunswick, Bensalem, or Philadelphia Offices to Collect Fair Compensation for Your Medical Expenses

Auto accidents in company vehicles: Who is responsible?If you have been in a car accident and you were driving a company vehicle or driving for work, you may wonder if your employer is responsible for compensating you for damages or injury. While most accidents occur on personal time and involve only you and the other involved driver, an accident that involves work-related transportation complicates matters. Read on to learn more about whose responsibility it is to cover expenses in the case of a work-related car accident, so you can be sure you receive the treatment and full compensation you deserve.

Injured Traveling to and from the job

If you are traveling to or from work and are involved in an auto accident, the generally held precedent is that your personal insurance must cover expenses and damages. This only applies if you are at fault for causing the accident; if another driver is at fault, their insurance is responsible for covering all damages and medical expenses. If this is the case, it is recommended that you hire a personal injury attorney to handle your claim and support you in receiving full recovery for your losses and out-of-pocket expenses during the recovery process. The one exception to this precedent is the case in which your automobile is required for your work, and as such, as soon as you begin the commute to work, you are on the job. If you were at fault for an accident on the way to or from work but your car is a required tool for your job, contact a member of our team today to learn who may be liable for covering accident expenses and options for your next steps.

Hurt Driving a Company Vehicle

If you were driving a company vehicle and were at fault for an accident, it is likely that the company’s insurance will cover all expenses, and your personal insurance will not be affected. If you are injured in the accident, it is imperative to keep records of all medical expenses paid out of pocket to submit to the company’s insurance for reimbursement.

Driving a company vehicleThere are a few exceptions to this. If you were driving the company car but you were driving for personal reasons, your company can denounce liability and claim your full responsibility in the case of an accident. A company can also denounce liability if you were partaking in illegal activity in the car or an illicit activity such as consuming alcohol before getting behind the wheel of their company property. If your company claims nonliability for an accident while you were driving their vehicle and you can claim that the company was negligent in properly maintaining the car, this is very serious and you may be able to recover damages. For this type of claim, you will definitely want the support of an accident lawyer.

Again, if you are in an accident with someone else who is driving their company’s car and are not at fault for the accident, you need not worry. Focus on recovering in body and mind after filing a claim with your personal insurance company, keep close records of any immediate out-of-pocket expenses incurred, and seek the support of a personal injury attorney. You can expect to recover all the damages and expenses caused by the accident.

Injured in an Accident Using your Personal Vehicle for Work

If you are at fault for an accident while driving your own vehicle, but your business driving was directly related to work, your company may be liable to cover damages. As noted above, this generally does not apply to the commute to and from work; however, running errands for work at the direct request of your company could mean company liability for any accident that takes place during that time.

If you have been involved in an automobile accident, your safety and health are first priority. Seek medical attention immediately if you are injured in a collision, even if the pain isn’t immediately evident. Because of the stress response of the body to a trigger such as a collision, it may be hours or even days before cortisol and other stress hormones lower, inflammation subsides, and your body is able to show you where it may have been thrown out of alignment. Contact a personal injury or accident lawyer to support you in the process of recovering the full extent of damages you deserve for the accident.

Contact a Mercer County Commercial Car Accident Injury Attorney to ensure a fair outcome in your case

At Kamensky Cohen & Riechelson, our accident attorneys are experienced in facilitating insurance claims between our clients across in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County. and the companies whose vehicles they were driving when the auto accident occurred.

Our direct approach is intentionally designed to ensure that our clients receive the full representation and financial compensation they are merited, so they can recover from the accident and get back to work healthy and well.

To meet with an experienced member of our firm today regarding your accident, please call (609) 528-2596 or go online to schedule a free, no-risk consultation with a personal injury lawyer.

Should I fight a speeding ticket even if I really was speeding?

Speeding and Traffic Violations Attorneys serving drivers in Middlesex and Mercer County NJ

Should I fight a speeding ticket even if I really was speeding? Mercer and Middlesex County AttorneysAlmost everyone speeds at some point or another, as we hurry from place to place hoping to go undetected by police. If you receive a speeding ticket, you should consider hiring an attorney to fight the ticket or lessen the points even if you know you were, in fact, speeding. Unfortunately, pleading to the ticket “as-is” can impact your job, your insurance premiums, and your license.  

Points on your license

Almost all motor vehicle tickets have some number of points that will be negatively assessed against your license.  The New Jersey Motor Vehicle Commission assesses different numbers of points depending upon the motor vehicle infraction.  For example, you may be charged with speeding 1-14 miles per hour over the limit and receive 2 points while going 15-30 over will cost you 4 points.  You can view the point schedule in New Jersey at https://www.state.nj.us/mvc/license/points-schedule.htm.  A simple glance will provide proof of the disparity in points based upon the infraction.  

In the case of speeding, an attorney will review the facts and discovery and discuss the case with the prosecutor.  We will negotiate on your behalf and may successfully negotiate the case to something less than required. Keeping your points low is the only way to lessen the chance of insurance increases, costly surcharges, and suspension of your driving privileges.  

Penalties for too many points

License suspensions and surchargesA little known fact is that driving in New Jersey is not a right.  New Jersey considers driving to be a privilege. The benefit of driving is earned by successfully completing all necessary testing and other requirements. Similarly, the ability to drive is bestowed upon you by virtue of your maintaining a valid license, which can be suspended if you acquire too many points from the Division of Motor Vehicles. Accumulating 6 points on your New Jersey Driver’s license will result in a significant surcharge. In addition, acquiring 12 points will cause your license to be suspended. Aside from the penalties and surcharges by the State of New Jersey, your automobile insurance carrier will likely charge you its own surcharges.

Surcharges

A surcharge is a fine assessed by the state as a result of your driving record.  The amount of the surcharge depends on the number of points and the infractions on the roadway. The basic surcharge is $150 for the first 6 points and $25 per point beyond the initial 6.  However, some tickets will require extremely high surcharges and your points quickly accumulate. This is easily demonstrated in the case of a DUI. If you are found guilty of a DUI, you will be assessed a surcharge of $1000 per year for three years. See here:  https://www.state.nj.us/mvc/license/surcharge.htm

Suspensions

If you have the misfortune of accumulating 12 points or more, the Motor Vehicle Commission will suspend your driving privileges in this State. Continuing to drive while suspended often results in more tickets, additional suspensions, and even more surcharges.  Once surcharges are assessed, you have no choice but to pay them (even if you live outside of the state). See here for more information: https://www.state.nj.us/mvc/license/suspension.htm

Insurance Surcharges

Motor Vehicle insurance companies will assess you a surcharge in addition to the State of New Jersey.  Companies asses fees based upon your driving record and the cost of the policy can become so expensive that you cannot afford to drive.  Every ticket that you plead to, including speeding, contributes to the accumulation of points and surcharges. This is why it may be in your best interest to fight the ticket for speeding and at the very least try to reduce the points you currently face.

Fighting the tickets

Paying the ticket without knowing the consequences can come back to haunt you. The only way to avoid points is to fight your speeding tickets. Our attorneys know how to fight speeding tickets and will aggressively represent your interests. Contact KCR today for help defending your case. 

Contact a Traffic Violations Attorney to explore your options

At Kamensky Cohen & Riechelson, we have represented clients involved in traffic violations cases in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County.  No matter your situation you don’t have to confront it alone.

To connect with our firm today in a confidential and comprehensive assessment of your case call us at (609) 528-2596 or go online to schedule a free, no-risk consultation with a lawyer.

What if I am Partially at Fault in an Accident?

Our attorneys have the skill and experience to assist in recovery even if you are somewhat at fault in Hamilton Township, Trenton, Ewing and across Mercer and Middlesex County

What if I am Partially at Fault in an Accident?In many cases involving personal injuries, each party involved bears some responsibility.  People often think that they cannot recover if they are partially at fault. This is incorrect as you may be entitled to recover even if you are partially responsible for causing the accident.  

What makes a person legally responsible for an accident?

In most circumstances, a person can be deemed liable for injuries that resulted due to their negligent or reckless conduct that caused the accident.   For the most part, your attorney must establish that the responsible party did something, or failed to do something that a reasonable person would have done.  For example, if you are driving on a public road at the posted speed limit and you are t-boned by an oncoming truck because he failed to stop at a stop sign, the other driver is the negligent party.  

Most juries or insurance companies would find the driver of the truck to be negligent because he failed to do that which was required and what a reasonable person would do, which is to stop at the stop sign.  His negligence is established by the accident report, witness statements, and damage to your vehicle. More importantly, it is clear that the accident would not have occurred had he adhered to the motor vehicle code and stopped at the stop sign.  

However, what if you are partially to blame for the accident because you were speeding (going twice the limit) and did not yield or slow down at the intersection? It is possible that the other driver will establish that you are partially at fault in the accident, but it is unlikely that you will be barred from recovery. 

Can I recover if I am at fault?

Can I recover if I am at fault?As noted above, even if you are partially responsible for the accident, you can still seek recovery. Your responsibility is reviewed under a theory known as comparative negligence or fault.  In the example above, you may bear some responsibility in the accident, but it remains clear that the other driver is mostly at fault because he blew through the stop sign and t-boned you. The actual damage and location of the damage to the car proves that you were already in the intersection when hit.  Had the driver heeded the road sign and stopped, he would not have hit you. This means that he is mostly at fault. 

In order for you to be prevented from recovery, the other party would have to prove that you are mostly at fault.   In essence, the other driver must prove that you were 51% at fault in causing the accident and he is therefore not legally responsible for your injuries.  

Fundamentally, you are entitled to recover if the other person is 51% or more at fault.  This is not to say that you are without limitation in terms of recovery if you are partially responsible.  Your financial award will likely be reduced by the percentage of fault attributed to you. For instance, if the total compensation awarded is $100,000 and you are deemed 25% responsible, the award you receive will be reduced to $75,000 to reflect your percentage of fault.  

How can an attorney help me?

Experienced attorneys know what to look for and how to prove or disprove fault.  We have seen countless accidents that appear at first glance to be clear and limit recovery. Despite the general consensus of the case by all parties involved, we continue to investigate and uncover evidence establishing the other party’s responsibility in the action.  We fiercely protect your rights and advocate on your behalf whether through negotiation or trial. We leave no stone unturned in challenging responsibility and establishing negligence. Contact our office today to schedule an appointment.  

Contact our East Brunswick and Trenton Motor Vehicle Accident Injury Attorneys Today

At The Law Office of Kamensky, Cohen & Riechelson, our staff of attorneys has experience in exploring options in a no-fault and comparative negligence law to ensure that drivers across Hamilton Township, Trenton, Ewing and across Mercer County receive their fair share of recoveries after an automobile accident that was not their fault.

To speak with our firm today and conduct a thorough case assessment regarding your auto accident and injury, please call us at (609) 528-2596 or fill out our online form today.

DWI Arrest Has Immigration-Status Implications

DWI Arrest Has Immigration-Status ImplicationsPeople come to America and New Jersey from all over the world. Sometimes temporarily for vacation or to study, and sometimes permanently to live, work, and raise children. Usually, for an individual to enter our borders, they are required to have a Visa. Barring foreign diplomats and consular officials, United States law applies to anyone in the country, regardless of their status as a citizen or visitor. As such, there are certain U.S. laws, including Driving Under the Influence (DUI/DWI) that, when broken, allows The Department of State to revoke an individual’s visa privileges. This can happen even if the person isn’t convicted of a DUI/DWI, only arrested!

In general there are two types of visas: immigrant visas and nonimmigrant visas (NIVs). Immigrant visas or more commonly “green cards”, allow people to work in the country, pay U.S. taxes, benefit from U.S. programs and institutions, and eventually apply for naturalization and citizenry. Nonimmigrant visas are issued to individuals wishing to only visit the country for a short time; a typical NIV is valid for ten years but allows stays of only 6 months before the person must return to their country for another 6 months before being eligible to again enter the United States.

Federal immigration law allows for denial of visas status and/or revocation of both green cards and NIVs depending on circumstances. For example, certain individuals may be “inadmissible” to the U.S. such as people with a prior history of immigration viloations, convictions for certain “aggravated felonies” such as robbery and assault, domestic violence, national security issues, and “health-related grounds”. While green cards are less susceptible to revocation, the Department of State has the authority to revoke a NIV at any time, according to their discretion.

How does a Mercer County DUI charge effect your Immigrant status?

According to the Supreme Court’s 2004 decision in Leocal v. Ashcroft, a DUI/DWI is not considered a “crime of violence”. This means that it does not fall under the category of an aggravated felony necessary to revoke an immigrant visa. However, this is not true of NIVs.

The Department of Homeland Security has the discretion to revoke a NIV based on a DUI/DWI arrest and/or conviction. This includes refusal to submit to a breath test.  It also has the authority to deny visa status to applicants based on a history of alcohol abuse. This is considered part of the “health-related” grounds provision when considering whether to give visa status or not, as someone with a history of alcohol abuse may pose a risk to the health, property, and safety of others.

A nonimmigrant visa holder whose visa has been revoked for any reason must present themselves to a Department of State official. They are given the opportunity to offer evidence as to why they should be allowed to stay, but the ultimate decision falls to the discretion of DOS officers.

Contact an Experienced DUI/DWI Lawyer with Offices in Trenton and Pennington NJ

A DUI/DWI charge in New Jersey can have serious consequences, regardless of your status as a citizen, immigrant, or visitor to the country. Furthermore, prosecutors are under pressure to obtain strong convictions, it is highly recommended that you have an attorney with experience working in New Jersey’s court system, and fully understands your rights and options when going through the municipal court process.

The attorneys at Kamensky Cohen & Riechelson know how to fight your driving under the influence charges and help you avoid the most severe penalties. We will closely examine the evidence in your case and formulate an effective strategy to combat your charges. We will also hold the prosecution to the highest standards when it comes to proving necessary elements of the case. Contact us today to discuss your case over the phone or to schedule an appointment at our offices in Trenton or Pennington.

The Textalyzer: What Does It Mean for Distracted Driving?

Mercer County Attorneys serving clients who have been charged with and also injured by texting while driving

Texting While Driving Devices in Mercer County NJ

New Jersey law explicitly prohibits the use of all handheld devices, including phones, navigation devices, recording devices, and more, while driving any kind of vehicle. Considered to be “distracted driving“, the laws are in place in order to protect not only the driver themselves, but other drivers and pedestrians as well.

Now, lawmakers are asking the question of whether or not the “Textalyzer” device should be used, and if so, to what extent?

Trenton Attorneys Discuss The Textalyzer

The textalyzer is a relatively new tool created for police officers. The textalyzer specifically allows officers to examine a driver’s cell phone, and determine what kind, of any, activity was taking place around the time of an accident, or arrest. It is important to note that the textalyzer does not read texts, rather checks and see if calls, texts, or other apps were in use at a specific time.

Police officers are hoping to use these devices to more definitively charge and convict drivers who are using their cellphone while driving. However, many activists are strongly anti-textalyzer, claiming it is an invasion of privacy, and a violation of police officers requirement to obtain search warrants except in circumstances where it is believed evidence is being destroyed, or imminent harm to a person.

It is hard to say exactly where lawmakers will land when it comes to the legality of the textalizer in New Jersey, and many have their eyes on New York, where an investigation is currently taking place regarding the textalyzer, its potential uses, and legality, ordered by Governor Andrew Cuomo.

Distracted Driving Lawyers Princeton NJ

When it comes to New Jersey distracted driving laws, it is important to understand that cell phone use is not the only action which is prohibited while driving under the distracted driving statute. Actions such as:

  • eating or drinking
  • using any kind of handheld device (not just a cellphone)
  • personal grooming including hair combing or doing makeup
  • reading
  • looking at a map
  • adjusting the radio or other audio device

It is also important to note that if a police officer observers a driver performing any of the actions listed above, they are allowed to pull that driver over on this basis alone, as distracted driving is considered a “primary offense” in New Jersey.

Beyond traffic offense type fines and penalties associated with distracted driving arrests, distracted driving is also considered a “reckless or negligent” action, meaning if a driver causes a car accident, motorcycle accident, or truck accident while distracted, the injured party may be able to hold the distracted driver liable for their injuries through a personal injury claim.

Contact Our Mercer County Distracted Driving Arrest and Injury Attorneys

At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have been helping clients with distracted driving arrests and personal injury claims resulting from a distracted driver since 1972 in towns across New Jersey and Mercer County, including Princeton, New Brunswick, Lawrence, Hamilton, and Trenton.

Our focus on criminal and personal injury law leaves our firm ideally suited to helping you with any kind of distracted driving matter, including an arrest or injuries resulting from the reckless or negligent actions of another distracted driver.

To speak with our legal team today in a free and confidential consultation regarding your distracted driving arrest, or your options for recovering financial compensation for injuries resulting from a distracted driver, please contact us online, or through our Trenton, NJ office at (609) 528-2596.