Wrong-Way Highway Accidents In New Jersey Cause Fatal Injuries

Helping with Personal Injury cases in Pennington, Lawrence, and East Windsor

Wrong-Way Highway Accidents In New Jersey Cause Fatal InjuriesNew Jersey highways are frequent auto accident scenarios happening at any given hour, having wrong-way car crashes scored as the most disastrous kind. Wrong-way collisions are classified by the NTSB (National Transportation Safety Board) as “one of the most serious types of highway accidents” and describes them as “collisions involving vehicles traveling the wrong way on high-speed divided highways.” In wrong-way collisions, injuries are thought of as fatal or life-threatening because they usually develop on highways with posted high-speed limits.

A Fatal Wrong-way Accident To Prove The Theory

Back in 2019, NBC New York reported a severe multi-vehicle wrong-way collision that left a toll of three fatal victims, located at the Parsippany-Troy Hills area, on Interstate 80 in New Jersey. This terrible accident highlights the devastating degree of wrong-way auto accidents and the utmost importance of complying with safe-driving precautions while being a motor vehicle driver. For this particular collision example, authorities ran an investigation to determine if the wrong-way party was DUI (driving under the influence of alcohol or drugs) when the incident took place. Impaired drivers are the main cause of wrong-way collisions.

The reported collision occurred a little past 2 a.m., early on a Friday, approaching mile marker 45 going East on Interstate 80. Several motor vehicles were “completely destroyed,” while “at least one of the motor vehicles seemed to have caught on fire.” One male and two females died in the car accident. The driver of the vehicle traveling the wrong way was immediately driven to the hospital. Deputies indicated they were “considering the possibility the at-fault driver was under the influence of alcohol or drugs.” No data indicating whether there were any survivors of the collision or the exact number of motor vehicles involved was documented at the time of the incident.

Additional Facts About Wrong-Way Auto Collisions

The following are some figures and facts shared by the NTSB about wrong-way auto accidents:

  • Additional Facts About Wrong-Way Auto CollisionsOver 60% of the wrong-way crash at-fault drivers appeared to have signs of some alcohol use, compared to only close to 6% of drivers involved in accidents as “right-way” drivers;
  • Nearly 10% of wrong-way collision at-fault drivers who had drunk alcohol were found to have a blood alcohol concentration (BAC) between 0.08 and 0.15;
  • Approximately 60% of drivers confirmed to be at-fault for wrong-way collisions and who demonstrated signs of alcohol use, were confirmed to have a high BAC, equal to or above 0.15;
  • Roughly 10% of wrong-way drivers have previous convictions due to DUI or DWI (driving while intoxicated) within three years before the wrong-way crash taking place;
  • The fatality rate on wrong-way collisions ranges from 12 to 27 times the fatality rate of other highway incidents,
  • Almost 22% of wrong-way crashes are considered as life-threatening, compared to less than 1% fatality on any other king of highway auto collision;
  • An increased percentage of fatal wrong-way accidents happen yearly, adding up to nearly 360 fatalities each year.

If you or someone you love got hurt in a wrong-way crash or DUI collision, you should get in touch with a car accident lawyer.

Contact our Car Accidents Lawyers for a Free Consultation

If you or a loved one resulted injured from a wrong-way auto collision or DUI collision, you are entitled to seek legal advice to discuss your rights and options regarding obtaining compensation and the best way to recover from any losses.

At The Law Office of Kamensky, Cohen & Riechelson,  we pridefully represent clients, including towns like Pennington, Lawrence, and East Windsor.

Contact our offices by calling 609.528.2596 or fill out the online form today for a free and confidential consultation to discuss your individual needs and concerns.

Who Will Pay My Medical Bills If I Am Hit By a Car While On My Bicycle? 

Serving injured clients in Trenton, Princeton, Lawrence, Hamilton, and across the greater Mercer County area

Who Will Pay My Medical Bills If I Am Hit By a Car While On My Bicycle? The Insurance Institute for Highway Safety keeps track of fatality statistics for various highway accidents, including bicyclists. Focusing on 2018 in particular, the data suggests some key facts for cyclists to consider while riding on the streets.

First, over 60% of the fatalities in 2018 were experienced while a cyclist was not wearing a helmet. Not all of these fatalities were necessary due to head injuries. However, the difference is relatively obvious and points to the fact that, in most cases, you are safer wearing a helmet than riding without one.

Second, 20% of the fatalities in 2018 occurred when a cyclist was intoxicated.  Alcohol and drugs are well-known to have a negative effect on various motor functions and critical judgment and therefore increase the risk of harm during an accident.

Third and finally, bicycle fatalities occurred primarily from 6 p.m. to 6 a.m. each day. More than half (54%) of accidents happened during these hours, in which visibility is most likely reduced due to darkness.

If you are in a bicycle accident with a motor vehicle in New Jersey or Pennsylvania, it is important to know how your medical bills will be covered and by whom.  An attorney can help guide you through the process, which can be complex at times.

In New Jersey, who will pay my medical bills?

New Jersey’s car insurance system is unlike most other states in that it is a no-fault system. In many other states, the insurer for the driver at fault is expected to cover all injuries in an accident. Still, New Jersey requires car insurance policies to include Personal Injury Protection (PIP) coverage. The first source of compensation for any injured driver is their own policy’s PIP coverage.

While no-fault coverage means there is less of a need to determine fault in minor accidents, the no-fault system has some complicated features of its own. For that reason, it is still a good idea for anyone who has been injured in a car accident to contact a lawyer before accepting any settlements.

Normally, these laws would prevent you from suing for non-economic losses unless certain limits are met for the injuries you sustain. However, New Jersey uniquely requires that standard auto insurance policies include the right to purchase an unlimited right to sue, which allows you to sue for non-economic losses without limitation.

If you do not have an auto insurance policy that can cover you, whether it belongs to you or a relative in your household, then you generally have the right to sue. This is because you do not have PIP benefits to cover medical expenses regardless of fault, and as such, must seek compensation from liable parties in a bicycle accident. In these cases, the liable party’s PIP benefits will be used to pay for your losses.

Who pays my medical bills if I am in Pennsylvania?

When a pedestrian is struck by a motor vehicle, if that pedestrian owns a car, the insurance company for that vehicle will be responsible for the medical bills to whatever the medical limit is on that policy.  If the cyclist does not own a car but lives with a resident relative who owns a vehicle, the insurance policy on that car will provide medical coverage up to its medical limits.  If the cyclist does not own a car or live with a family member who does and is not covered by an automobile insurance policy, the cyclist can get his bills paid under the insurance policy issued to any of the drivers involved in the accident.

Sometimes more than 1 vehicle is involved in a car accident. The insurance policy on any of these vehicles can be looked to for medical coverage, even if that vehicle never made contact with the cyclist. This becomes important because some of the vehicles on the road are uninsured, so the cyclist can look to any of the cars involved in the accident to get their medical bills paid.  The minimum coverage for medical bills in Pennsylvania is $5,000.00, and most of the policies are written with these limits in place.

The above answer seems counter-intuitive, but Pennsylvania is a no-fault state, meaning that if you are in a bike accident, the above are the priorities set out by the legislature as to how your medical bills get paid. Although this answer angers many people, slightly adjust the facts, making more sense. What if the cyclist turned in front of the car and caused the accident that injured him? Again, the same applies, and the cyclist’s own auto policy and/or a resident relative’s policy becomes primary for payment of medical bills.

What can Bikers do to stay safe?

Riding a bike is great exercise and an activity the whole family can enjoy. Like other activities, there are safety precautions you should take to avoid an injury or worse.

While injuries can happen anywhere, be especially cautious when riding on roadways where most bicycle-motor vehicle collisions occur. Follow these tips:

  1. What can Bikers do to stay safe?Always wear an approved bicycle helmet (head injuries are the greatest risks for cyclists!)
  2. Obey all the traffic laws and use hand signals so vehicles know where you are headed.
  3. Wear protective and reflective clothing for the best visibility.
  4. Make sure your bicycle has a headlight if riding at night.
  5. At night, use a reflective vest and additional lights on the back of your bicycle to make sure you are seen.
  6. Keep your eyes and ears open. Avoid using headphones and smartphones.  It would help if you focused on what is around you, and music can be distracting.
  7. More than 70 percent of bicycle crashes occur at driveways or intersections. Before you enter any street or intersection, check for traffic. Always look left, right, and left again before proceeding into the intersection.
  8. Obviously, never get on a bicycle if you are impaired, such as if you have been drinking alcohol.

Contact our Pedestrian Personal Injury Lawyers for a Free Consultation at our Little Falls Office

If you have been the victim of a bicycle accident or lost a loved one in a bicycle accident, all legal aspects of your physical, financial, and emotional losses must be considered to protect your rights and secure justice.

At The Law Office of Kamensky, Cohen & Riechelson,  we pridefully represent clients in Trenton, Princeton, Lawrence, Hamilton, and across the greater Mercer County area. Whether you have suffered a personal injury or have been accused of injuring someone, do not let your injuries or an accusation of criminal wrongdoing change your life.

Contact Info our offices by calling  (609) 528-2596 today for a free and confidential consultation to discuss your individual needs and concerns.

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.

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.

Video – Traffic Violations

For many of us if we run afoul of the law it will be in the area of traffic violations.  In our modern industrial society a motor vehicle is almost a necessity for most of us and we tend to spend many hours on the roadways every week going to and from work as well as running day to day errands.  Though penalties for traffic violations in New Jersey may differ slightly from penalties for traffic violations in Pennsylvania they are not to be taken lightly in either state. Penalties can range from fines to significant jail time for violators. If you or someone you know has received a citation or been arrested because of an alleged traffic violation, it is highly recommended to contact an experienced traffic attorney in your area.

Kamensky Cohen & Riechelson is an highly experienced and results oriented firm consisting of skilled negotiators and attorneys who know how to win for you in the courtroom. Our team includes a certified trial attorney.

If you are looking for an experienced traffic attorney, Kamensky Cohen & Riechelson is the right choice for you. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys have a proven record of success helping people accused of traffic violations to protect their freedom and driving privileges. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania.

Bensalem Attorneys Discuss Traffic Violations

You’ve got a simple traffic violation, first of all, you don’t want to pay a fortune for a case that my trust you fifteen hundred dollars in a point on your license.   You want somebody that’s going to be able to go into court for a modest amount. We can do that because we’ve got a relatively high volume of those cases and will be in one chord with several cases so, it makes it workable makes it financially feasible for you.

You’re looking for somebody who knows the people in the municipal courts the municipal courts settle ninety-eight percent of their cases, we know those prosecutors, I’ve known many of them for 30 or more years and they understand that we know the case that they’ll cut a good deal with us and will cooperate with them as long as it’s to your best result.

Nobody likes when they see the lights flashing behind them on the road.

Contact us as soon as you can so, we can go to work for you once those lights flash you’re getting the ticket. Once you get the ticket next step to call us.

Contact Our Experienced Northeast Philadelphia Traffic Lawyers For an Immediate Consultation

All attorneys are not the same. As in any profession they vary in experience and skill. However, the right attorney can make all the difference toward successfully opposing your alleged traffic violations and toward protecting your driving privileges. If you or someone close to you has been cited or arrested for a traffic violation contact the experienced attorneys at Kamensky Cohen & Riechelson.

Since 1972, we have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, and we are here to represent you in many different legal matters including traffic violations and citations. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Our knowledgeable attorneys will be happy to answer all of your questions and advise you on the most effective legal options available in your case.