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 Settlement Offer Can I Expect for Pain and Suffering?

Personal Injury claims seek to recover compensation for three main factors; the victim’s medical expenses lost income and wages, and their pain and suffering.

What Settlement Offer Can I Expect for Pain and Suffering?For short-term injuries such as a broken arm, calculating your medical expenses and lost income can be fairly straightforward. Simply add up the costs of your medical bills, and the amount of time you have missed from work multiplied by your expected salary, and you have a pretty accurate idea of how much compensation to seek and expect in these areas.

For more serious injuries with longer-lasting consequences, calculating medical expenses and lost income becomes a bit more difficult, and is an area where having an experienced Mercer County personal injury attorney to assist you can be of great benefit. Not only will you wish to recover compensation for your medical expenses to-date, but serious injuries often require on-going medical treatment and rehabilitation which will need to be accurately estimated, something your attorney will have experience doing. The same goes for lost income, if your injuries prevent you from continuing in your previous line of employment, you will need to calculate exactly how much you may have earned given a lifetime of employment, including bonuses and promotions.

How Do Insurance Companies Calculate Pain and Suffering Compensation?

When it comes to pain and suffering however, calculations become quite a bit vaguer. How does one express exactly the pain their injuries have caused them, and then translate those feelings into a monetary number? Most insurance companies use a similar method when calculating what to offer in terms of pain and suffering for a given injury, and while you and your Mercer County injury lawyer may not immediately accept that offer, it is important to understand how the insurance company is arriving at that number, or what kind of offer you should expect for a given injury.

When it comes to pain and suffering, insurance companies will make their compensation offer based on whether or not the injury in question was a soft-tissue injury or a hard injury.

Soft Tissue Injury Compensation Mercer County Personal Injury Lawsuits

Soft tissue injuries are generally less severe, non-life-threatening, and not permanent. Common examples of soft tissue injuries are bruises, strains, and sprains. While certainly these injuries can be more painful for some people than others or cause more difficulty in some lives than others, insurance companies generally will offer between one to three times the value of your medical expenses like pain and suffering compensation.

Hard Injury Compensation Trenton Injury Attorneys

Hard injuries are generally much more serious injuries than soft tissue injuries. Hard injuries often require invasive methods to assess and treat, and can often cause long-term or permanent difficulties and pain to the victim. Some common hard injuries are broken bones, serious wounds that require transfusion or stitching, head, and brain injuries, and spinal cord injuries.

Due to the more serious nature of hard injuries, and the greater level of medical attention required, insurance companies will usually offer somewhere between four to five times the value of medical expenses as pain and suffering compensation.

Recovering Pain and Suffering Damages in a Personal Injury Case NJ

Recovering Pain and Suffering Damages in a Personal Injury Case NJWhile insurance companies do have these rough guidelines for offering pain and suffering damages in personal injury cases, in order to recover the compensation you need and deserve it is important to retain the counsel of an experienced Mercer County personal injury attorney. Many times insurance companies will try to devalue the full extent of the nature of your injuries, claim you were partially responsible and as such not entitled to full compensation, or even dispute the connection between your accident and the injuries you have suffered. An experienced personal injury attorney will understand how to combat these various tactics, and present a strong case on your behalf backed by expert consultants, detailed investigation and research, and effective presentation to courts and juries alike.

Contact Our Mercer County Personal Injury Attorneys Today

At Kamensky Cohen & Riechelson, our personal injury attorneys have a history of success when it comes to helping clients injured in accidents across Princeton, Trenton, Hamilton, Lawrence, and the greater Mercer County area.

Our goal in any personal injury case is to provide personal and attentive service to our clients, and secure them the compensation they need and deserve for injuries resulting from car accidents, truck accidents, motorcycle accidents, construction accidents, slip and falls, ladder and scaffolding accidents, and more.

If you have been injured as the result of the reckless or negligent actions of another, contact our firm today to discuss your options in a free and confidential consultation. To schedule your consultation, please contact us online. or through our Trenton, NJ office at 609.528.2596.

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?

Auto Accident  Attorneys Helping clients across Mercer and Middlesex County NJ

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?In 2017, there were over 270,000 car accidents in New Jersey, according to the New Jersey Department of Transportation. Essex County led the count in reported car accidents with 29,635 in 2017, followed closely by Bergen County with 28,903 reported accidents and Middlesex Country with 27,137 reported.

Car accidents are major stressors to all parties involved, both physically and emotionally. The American Academy of Family Physicians lists such post-traumatic effects of traffic accidents as shock, anger, fear, anxiety, nightmares, and irritability.

After a car accident, one expects that the stressors will be over, and the order will ensue. Unfortunately, that’s not always the case. More often than would be desired, the process of filing a police report can instigate additional stress, as authorities sometimes fail to arrive at the scene of the accident to complete the report, or they fail to even respond to the call.

Why did the authorities not arrive at the accident after I called it in?

Filing a police report is an imperative procedure when you have been in a car accident, no matter how minor or major the accident was. That said, even when one tries to file a report, there are instances in which police do not respond. Following are some of the main reasons authorities may not appear to the scene of the accident to complete a report upon its being called in:

  • Insufficient officers on duty or officers are responding to a more urgent incident
  • Minor accidents with little to no damage
  • Minor accidents with no injuries
  • Weather conditions prevent authorities from arriving

How do I ensure that a police report for the accident is filed in the absence of authorities?

How do I ensure that a police report for the accident is filed in the absence of authorities?

In the case that, upon calling to report an accident, authorities do not respond and arrive at the scene, there are some steps you can take to ensure that a police report is filed in their absence.

  • Call again the police dispatch, and request the procedure for filing a police report on your own.
  • Search your local police department’s online database to research the possibility of filing an online police report. The New Jersey Department of Transportation has a Self-Reporting Crash Form (SR-1) that can be used to report an accident that was not investigated by police
  • Physically go to the police station to file the report in person.

What do I need to ensure is included in a police report?

The National Safety Council reported in a recent study of all 50 U.S. states and Washington, D.C., that crucial information is often left out of police reports that adversely impact efforts to save lives, as well as, perhaps, the outcomes of injury claims.

According to the study, New Jersey police reports lack information in the police reporting systems on drugs other than alcohol involved in the accidents, whether the accident was work-related, and advanced driver assistance programs involved.  As such, it is imperative that you include as much information you think would be informative to an insurance claim as possible.

Again, while a police report will not always be used, it is imperative to file one. Sometimes, because of the adrenaline and chaos of an accident, one will not feel or know they have sustained injuries. Later, upon recognizing that your body has sustained injuries and you file a personal injury claim with your insurance carrier, it will be essential to have a police report available, as it is the primary collection of evidence an insurance carrier and personal injury lawyer will use to seek compensation for injuries sustained in the accident.

Contact a Car Accident Attorney to ensure an upright outcome in your case

If you have been involved in a car accident in which the authorities did not come to the accident scene to complete a police report, file one yourself. Then contact Kamensky Cohen & Riechelson to consult with an experienced member of our team regarding the next steps in your personal injury claim to ensure that you receive fair compensation for physical and emotional injuries sustained in the accident. We serve in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick, and across Mercer County.

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 personal injury lawyer.

How does the litigation process work?

Personal Injury Attorneys Litigating for clients in Princeton, Ewing, Hamilton, Pennington, East Brunswick and across Mercer  and Middlesex County, NJ

The term litigation refers to the process of a lawsuit.  In personal injury cases, people contemplating a lawsuit often ask how the litigation process works.  Litigation involves filing a complaint, obtaining and exchanging discovery, and eventually ends in a trial.

Gathering information about your potential suit

How does the litigation process work?

Initially, when you are injured, medical treatment is sought and you follow the doctor’s recommended plan of care.  At some point thereafter, you may begin to think about who was at fault in causing your injuries and, as a result, you seek the advice of an attorney.

The attorney you choose to have an initial consultation with should have experience in personal injury matters.  KCR has extensive experience in personal injury cases and will guide you through the appointment.  We ask questions and gather information.  For example, if you have been in a car accident, we request that you bring the police/accident report, medical records, and car insurance information and findings.  Additionally, we inquire about your lifestyle, work, disabilities, wages, and overall social-emotional health.

At the end of the appointment, you may be left with the decision to file suit against the responsible person to collect any damages sustained as a result of his or her negligence.

Filing a lawsuit

Filing a lawsuit is something that our office does on your behalf.  You, as the injured party seeking recovery, are known as the Plaintiff.  The plaintiff files the complaint against the person he believes is responsible (referred to as the Defendant).  The complaint sets forth the facts that lead to the injury and how the Defendant is alleged to be responsible for the injuries.  More importantly, the complaint requests damages for your losses.

Discovery Process and Interrogatories

The complaint is then served on the Defendant.  The attorney representing the Defendant files an answer to the complaint, denies the allegations and can file a cross-complaint as well.   After the complaints and answers are filed with the court, a discovery schedule is set forth.  The discovery period allows both parties to request and gather more information pertaining to the case.

MediationDiscovery is generally anything, whether written or oral, that pertains to the case.  For instance, attorneys will request answers to interrogatories and ask that supporting documentation be provided.  The interrogatories are a series of questions relating to insurance, the injuries, medical records, financial losses, treatment, and the accident.  Additionally, the attorneys will schedule depositions during which they can ask questions of any person they subpoena.  After all of the information is exchanged, and all motions are litigated, the parties may negotiate with or without mediation or, schedule a trial for a future date.

Mediation

Often, before a trial takes place, the parties agree to go to mediation or arbitration. A mediator is a neutral party that attempts to resolve the dispute between the Plaintiff and the Defendant.  Often, a settlement can be reached during mediation and the case does not go to trial.  Settling means that you agree to forego a trial and accept the payment offered by the Defendant and his insurance company.  While a large majority of cases settle, there are some cases that must be fully litigated and end in a trial.

Trial

If the case does not settle, a trial will be conducted in which jurors make the determination as to who is at fault and what damages may be due.  During the trial, your attorney will present witnesses, cross-examine defense witnesses, and attempt to prove that the defendant is responsible for your injuries.  Moreover, the attorney will put forth information and proof as to your actual damages and request for financial recovery.  If successful, the jury will award damages payable to you.  Of course, prior to a trial, you will choose the attorney that is right for you.

Retaining an Attorney

Contact a Personal Injury attorney at KCRMost personal injury attorneys are paid for by contingency.  This means that they recoup their fees based upon a percentage of your award.  For example, if your attorney provides a retainer agreement that says that his fee is 33%, he will deduct that amount from your overall award.  Essentially, with our firm, you have nothing to lose by scheduling a consultation as it costs nothing.  On the other hand, doing nothing and ignoring your injuries can cost you a lot. You can protect yourself by scheduling an appointment with us today.

Contact a Personal Injury attorney at KCR to help walk you through the intricacies of the litigation process

The Law Office of Kamensky, Cohen & Riechelson has proven experience handling all issues related to litigation processes.

You can fill out the online contact form to schedule a meeting at our offices in Trenton or East Brunswick, New Jersey or contact our Mercer or Middlesex County offices today at (215) 337-4915 to learn more about how our experienced Personal Injury team can assist you.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

Pedestrian accident victims represented by dedicated personal injury lawyers in Trenton, Lawrence, Hamilton, Princeton, East Brunswick and across Mercer and Middlesex Counties

What are my options if injured in a pedestrian accident in NJ?New Jersey ranks 13th in the nation in pedestrian fatalities per 100,000 people, based on the 2017 National Highway Traffic Safety Administration (NHTSA) data, and these numbers continue to rise. On average, one pedestrian is killed every two days in New Jersey and 12 are injured daily. Since May of 2019, more than 54 pedestrians have been killed in accidents with motor vehicles. According to recent NHTSA data, New Jersey pedestrians made up 29% of the state’s 624 fatalities in 2017, almost twice the national average of 16%.

A personal injury can dramatically change your livelihood and well-being, leaving you saddled with numerous medical bills, lost wages, rehabilitative therapy costs, and significant pain and suffering. If your pedestrian or bicycle accident was caused by reckless driving, distracted driving or the careless actions of another, you have the right to seek compensation for your losses.

Is a Lawyer Necessary after a Pedestrian Accident?

Yes. Our car accident attorneys consult with accident reconstructionists and other experts to investigate the crash. We use evidence such as police and medical reports, witness statements, expert testimony, photos, video footage, and other documents.

In some cases, there may be multiple causes and parties at fault. For example, a defective roadway or vehicle malfunction may have made the driver lose control of his or her vehicle. If that was the case, the government agency in charge of maintaining the road, or the vehicle parts manufacturer, might also be partially responsible.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

New Jersey Laws Protect Pedestrians, Joggers, & CyclistsUnder NJ Rev Statute 39:4-36 and Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes, pedestrians have the right of way in a crosswalk. However, pedestrians and joggers are prohibited from suddenly darting from the curb to the street or running in the path of a vehicle that is so close that the driver is unable to stop or yield. Pedestrians and joggers must yield to drivers if they are crossing the road outside a crosswalk and obey all pedestrian-related traffic signals.

Motorists are required to exercise due caution when driving near people on foot or on a bike, but all too often, negligence on the part of car and truck drivers leads to serious pedestrian or bicycle accidents. If a driver strikes you at a crosswalk, they are more likely to be found at fault for the accident.

However, those on foot who maybe have been jaywalking at the moment an accident occurred, may find it more difficult to prove their accident injury case.

Steps to Take if Involved in a Pedestrian Accident

Even at a low speed, an automobile accident can cause disabling injuries, including spine and traumatic brain injuries to a pedestrian, jogger or cyclist.

When a cyclist or pedestrian is injured by a motor vehicle, police and emergency medical personnel should be alerted immediately. Quite often a pedestrian may be confused or in shock and unaware of their injuries or their severity.

Each party should avoid engaging in discussions regarding fault or wrongdoing, as any admission of guilt can later be used against them.

If you are the driver of the motor vehicle:

  • check to see if either you or any of your passengers have sustained an injury
  • check to see if the pedestrian, jogger or cyclist has sustained injuries
  • remain at the scene of the crash or collision
  • call 9-1-1 for help

If possible, both parties should:

  • photograph any visible injuries and the scene, & make video and/or audio recordings
  • exchange names, phone numbers, and insurance information

File a police report to document the accident.

Both parties should also seek medical attention:

  • immediately if they are in a lot of pain
  • right away even if the pain is mild, to document injuries and any non-visible trauma (i.e., spinal and traumatic brain injury)

Not only will you be able to receive the medical attention you need for potentially traumatic injuries, but you will also get a diagnosis of any medical conditions brought about by your accident. This is vital to your personal injury claim, as it creates a direct link between your accident and injuries. The longer you wait to see a doctor, the weaker that connection becomes.

Do not sign any paperwork without speaking to your lawyer. This mostly refers to offers from insurance companies, who will often attempt to get claimants to sign paperwork accepting less than they are owed. In some situations, signing paperwork may even strip your rights for further legal action.

Contact personal injury lawyers who have handled numerous pedestrian and hit-and-run auto accident cases over the years with outstanding results. When you are ready to begin the personal injury claim process, having a seasoned legal team in your corner is essential.

If a Loved One Was Killed in a Pedestrian Accident

According to the Centers for Disease Control (CDC), pedestrians most at risk are adults over 65, children under 15, and both drivers and pedestrians who are alcohol-impaired. If your loved one was hit and killed by a vehicle, you may have a pedestrian wrongful death claim against that vehicle’s driver. We know how difficult these cases are, and we do our best to provide compassionate and thorough legal representation for the family of the victim. When someone is killed, he or she leaves behind a huge emotional and financial gap, and our job is to get fair compensation from the responsible parties to allow the family to heal and to provide for their future.

Consult our Injury Lawyers in our Trenton or East Brunswick offices for answers today

At Kamensky Cohen & Riechelson, our dependable and compassionate lawyers have more than 40 years of experience handling traffic cases, auto accidents and handling personal injury claims for clients across New Jersey and Pennsylvania. We understand the nuances of each state’s traffic laws and are well-informed about changes in the laws.

Our resourceful attorneys will personally guide you through the legal process, keeping you informed every step of the way so that you know exactly what is happening with your case. Our goal is to help you obtain maximum compensation for your losses. However, it’s important for you to know that there is a statute of limitations on your right to sue after suffering a personal injury. You must file your claim within two years of the date your injury occurred or you will lose the right to sue.

Contact us online or by telephone at (609) 528-2596 from New Jersey or (215) 337-4915 to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.