Young Male Pedestrian Killed in West Windsor NJ Auto Accident

The Auto Accident and Personal Injury Attorneys of KCR are here to assist you if injured in a Pedestrian Accident

A young male, a pedestrian, had been walking in the left, northbound lane of Route 1 in West Windsor just after 11 p.m. when he was hit by a motor vehicle, according to the local police. The impact with the motor vehicle sent the pedestrian into the center lane where he was then struck by a second vehicle.

Both drivers — a 43-year-old from Morrisville, Pennsylvania, and a 35-year-old from Roxbury, Massachusetts —stopped and cooperated with police.

Mr. White was pronounced dead at the scene by the authorities.

Route 1 was closed for about three hours while the police investigated the incident, which took place less than a half-mile south of the Meadow Road overpass.

The New Jersey State Police reported that there were 558 fatal accidents in 2019.  176 of the reported fatalities were to pedestrians.

It has been reported that New Jersey is the 12th highest in the country for pedestrian fatalities caused by automobiles.

Contact Our Mercer County NJ Accident Lawyers Today

If you or someone close to you has suffered a pedestrian injury accident, at The Law Office of Kamensky, Cohen & Riechelson we are here to help you pursue compensation for your losses.

Contact us online or by telephone or through our Trenton, NJ office at (609) 528-2596 to arrange a free and confidential consultation with an experienced auto accident injury lawyer.

Determining Comparative Negligence in New Jersey Auto Accidents

There is a multitude of reasons that accidents happen. Negligence is often cited as one cause of automobile accidents.

Determining Comparative Negligence in New Jersey Auto AccidentsWhen one takes to the road, they run the risk of being in an accident. When accidents happen, they aren’t always a clear case of one responsible party and one guiltless victim. Especially given the rise of subtle distractors like technology in cars, it is important to know how New Jersey law determines fault in accidents, so you can make sure you recover the full extent of the damages you may sustain if you are in an accident that was partially or fully someone else’s fault.

What is negligence?

There is a multitude of reasons that accidents happen. Negligence is often cited as one cause of automobile accidents. When a driver fails to act reasonably and within a standard measure of care, they can be considered negligent. While many factors can go into determining fault in a personal injury lawsuit, negligence is an oft used determiner of fault.

New Jersey is a state that abides by the laws of comparative negligence. Comparative negligence refers to the degrees of fault one or more parties has in causing an accident. In a personal injury lawsuit, a plaintiff has the burden of proving not only that another party was at fault for the accident, but that they were not at fault for causing it. If the defendant in a personal injury lawsuit is found to have been 75 percent responsible for causing the accident that injured the plaintiff, the defendant will have to cover 75 percent – not the full total – of the damages to the plaintiff.

How is fault determined?

Under the New Jersey Comparative Negligence Act, insurance companies have the legal right to split fault into partiality. When proven, this impacts the amount a person can recover in damages. Fault and comparative negligence are noted in New Jersey Statutes Annotated (NJSA) 2A:15-5.2 and determined on a case-by-case basis – there is no sweeping law that governs how such determination is made. As such, a personal injury lawyer and/or the insurance company’s attorney will gather evidence to attempt to prove that their client had an as little fault in causing the accident as possible or none at all.

How is fault determined?To do so, they will investigate the specifics of how the accident happened. In some cases, evidence of fault – complete or shared – is clear. In these cases, a plaintiff has a straightforward path to recovering damages; and with the support of a skilled personal injury lawyer, they will receive their fair share. On the other hand, there are cases in which the specifics of an accident, who was at fault, and how much fault can be claimed are a little less clear.

In order to determine fault, insurance companies will likely review the following:

  • the police report from the accident, including witness testimonies and submitted evidence from involved parties
  • the New Jersey traffic laws that pertain to the area in which the accident occurred, and how either party may have been negligent in abiding by those laws; including failure to signal, ignoring of traffic signs or lights, or failure to navigate the vehicle in such a way as to prevent the accident from occurring
  • evidence of driver distraction

As noted above, if your attorney in a personal injury lawsuit finds the other driver to have been negligent or otherwise at fault for causing the majority of the accident, you will be able to recover damages to the comparative extent of their fault. Note that as the plaintiff, you have the burden of proof of convincing the judge or jury that your version of the events is true. Your attorney will do so by gathering evidence that proves the sequence of events causing the accident, and that it was the defendant’s culpability. The defendant’s insurance company, similarly, will have to prove that their client was not liable, and will do so by perhaps poking holes in your version of the events. If the defendant takes an affirmative defense approach, in which they try to prove that you were in fact partially at fault for the accident; they, too, will have the burden of meeting the preponderance of evidence standard, convincing the judge or jury of their version of the events.

Get in Touch with a Mercer County Personal Injury Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson, our team of experienced personal injury attorneys represents clients across Trenton, Princeton, Hamilton, and the greater Mercer County area in all auto accident claims.

To schedule a consultation with a member of our firm today to discuss your accident and injury, please contact us online or through our Trenton office at 609.528.2596.

Why is Preserving Evidence Important in a Personal Injury Case?

Preserving Evidence in a Car Accident Case Can be Crucial for a Successful and Complete Recovery of a Personal Injury Claim

Why Is Preserving Evidence So Important In Your Personal Injury Case?In a personal injury lawsuit following a car accident in New Jersey, the injured party bears the burden of proving that they sustained damages and detailing what those damages are. The amount of evidence you can gather will often directly affect the success of your claim. The more information you obtain at the scene and preserve thereafter, the stronger your claim will become.

In a personal injury or wrongful death motor vehicle accident case, a victim or their family can be entitled to economic damages such as medical benefits, income benefits, and repairs. In addition, the victim may be entitled to compensation for non-economic damages, or “pain and suffering.” Before a victim receives compensation for their traumatic injuries, he or she must prove that the defendant was a negligent driver. In the case of a car accident case, the defendant may be the driver or the manufacturer of the vehicle. Records kept by the defendant often can help prove negligence (i.e., cellphone/text records of distracted drivers, truck driver log records in suspected fatigue driving cases, or maintenance records if a vehicle had defective auto parts). The law allows the victim access to these records in many cases; however, the victim must take legal steps to preserve the records and ensure they are not destroyed before they can be reviewed.

By hiring an attorney experienced with preserving evidence, they can send a letter of spoliation to try to prevent the other party from tampering with or destroying evidence (i.e., requesting the other party’s vehicle not be repaired until your lawyer and their investigators have a chance to photograph and document the condition of the vehicle).

At Kamensky Cohen & Riechelson our attorneys are admitted to practice in both Pennsylvania and New Jersey, and since 1972 we have helped numerous clients in gathering evidence and investigating accident cases and obtaining compensation for injuries sustained in automobile accidents throughout both states. Our experienced team of lawyers is dedicated to helping you obtain the compensation you need and deserve.

Contact us online or by telephone at (609) 528-2596 to arrange a consultation with an experienced personal injury & auto accident lawyer. You only have two years from the date of your accident to file a lawsuit. After the statute of limitations expires, you will no longer be able to sue to collect compensation for your injuries.

Your Cellphone is Key Tool to Preserving Evidence & Documenting the Scene

Your Cellphone is Key Tool to Preserving Evidence & Documenting the SceneSmartphones are capable of taking high-quality pictures & videos to document your accident in mere seconds of the accident. After using your phone to call the police and while you wait for them to arrive, take steps to help preserve the evidence. Photograph your injuries, all vehicles or bikes involved, the scene of the accident, the road conditions, weather conditions, debris on the road, nearby traffic signals, any skid marks, and license plates. If the accident occurred at night, if possible, go back the next day and take pictures of the scene in daylight.

It would also be useful to photograph any damaged areas inside of your car, including the dashboard, broken seats, etc. If any personal items such as cell phones, eyeglasses, or laptop computers are damaged, also take photos of those items.

Witnesses: If you do not have a pen or something to write with, perhaps snap a picture of witnesses and their drivers’ IDs. In addition, ask bystanders if they took any pictures on their own, and if so, ask them to send you the photos.

If you have questions about other steps you need to take after being injured in a car accident, call an experienced personal injury attorney to help guide you through the process. They can be your advocate in dealing with insurance companies and can advise you on the most effective approach to getting the compensation you deserve.

The Ongoing Process to Preserve Evidence After Leaving an Accident Scene

After leaving the accident scene, the duty to collect evidence continues. You or your loved one should keep excellent records of all expenses incurred relating to the accident (i.e., auto shop bills, vehicle rentals, additional medical expenses, and more). Be sure to create a separate file to collect all medical records, bills, MRIs, X-rays, prescriptions, treatment, slings, crutches, wheelchairs, and other related paperwork.

Not only do you want records of all hospital visits immediately following the accident, but also you need records of each return visit for every injury, lost wages, and those aspects you believe contribute to either your pain of suffering and/or loss of your daily quality of life or work.

Written Diary or Video Journal

Keeping detailed records and a written, photographic, or video journal of the accident and its aftermath, can be one of the most useful things you can do. Recording how you feel the day of the accident and any later feelings and pictures taken at regular intervals of your healing process can show the progress of your injuries or the impact the accident has had on your daily life.

Contact Our Mercer County NJ Motor Vehicle Accident Lawyers TodayIf you are shaken up after the accident, certain memories might surface in the days afterward, so write those memories down as well. As your injuries heal, keep notes on how you are feeling. Maintain a daily log in which you note what activities you could not do or had to modify, because of your injuries. Note what parts of your body are hurting and describe it. If it is the same issue daily, you can just write a note that you are feeling the same as the day before.

Although your legal counsel will need to be able to request additional medical records and details about your case should you pursue a lawsuit, having these documents on hand can make the filing your claim and investigation process easier.

Contact Our Mercer County NJ Motor Vehicle Accident Lawyers Today

If you or someone close to you has suffered a car accident injury, as the result of the reckless or negligent actions of another, at The Law Office of Kamensky, Cohen & Riechelson we are here to help you pursue compensation for your losses.

Contact us online or by telephone or through our Trenton, NJ office at (609) 528-2596 to arrange a free and confidential consultation with an experienced auto accident injury lawyer.

Motorcyclist killed after crash on Route 130,  Robbinsville, New Jersey

Motorcyclist Accident Attorneys Route 130,  Robbinsville, New Jersey

Motorcyclist killed after crash on Route 130,  Robbinsville, New JerseyA man was killed after his motorcycle crashed into an SUV on Route 130 in Robbinsville Saturday morning, the police have reported. The accident took place at 11:30 a.m. near the intersection of Route 130 and Woodside Road.  As a result of the accident, all lanes of Route 130, at Sharon Road, were briefly closed and detoured on Saturday afternoon.

It was reported that when officials reached the scene, the motorcycle driver, a 24-year-old Robbinsville resident, was unresponsive and unconscious. The motorcyclist was transported to a local hospital where he was later announced to have died.

The driver of the SUV, an 80-year-old Hamilton resident, was not reported as being injured.

Robbinsville Police, Division of Fire and EMS along with Capitol Health Paramedics responded to the accident. The cause of the collision was being investigated.

Motorcycle Statistics in the State of New Jersey

According to the National Highway Transportation Safety Administration, motorcyclists are more than 28 times more likely than passenger car occupants to die in a motor vehicle crash and five times more likely to be injured than occupants of a motor vehicle. In New Jersey, from 2012 to 2016, there have been nearly 12,000 crashes in New Jersey involving motorcycles. Statistics have shown that if you’re involved in a motorcycle crash in New Jersey, you have an 82% chance of sustaining injuries.

When there is a motorcycle crash that involves other vehicles, more than half of the accidents occur at an intersection.  Two-thirds of the accidents occur when the driver of a motor vehicle does not see the motorist.

Contact a Mercer County Personal Injury Attorney Today

If you or someone close to you has suffered a car accident injury, at The Law Office of Kamensky, Cohen & Riechelsonwe are here to help you pursue compensation for your losses in Trenton, Princeton, Hamilton, and the greater Mercer County area. Contact us online, by telephone or in a virtual way to arrange a consultation with an experienced New Jersey auto accident injury lawyer.

To schedule a consultation with a member of our team, please contact us online or through our Trenton, NJ office at 609.528.2596.

What is a demand letter and a reservation of rights letter, and how do they relate to my personal injury lawsuit?

When you are in an accident and sustain an injury due to someone else’s negligence or fault, multiple things are set into motion.

What is a demand letter and a reservation of rights letter, and how do they relate to my personal injury lawsuit?The first and most important is that you begin the process of undergoing medical care for your injuries. This is the central concern, and as such, it is important that you have a personal injury attorney to handle the other aspects of your recovery, which includes your recovery of financial damages from the person responsible for the accident.

A personal injury lawsuit is the means by which a victim can recover a monetary equivalent of the medical, psychological, property, and secondary expenses directly caused by the accident. This includes all prior, present, and future medical expenses related to the injury; compensation for income lost as a result of the injury and required time off; psychological in-kind expenses such as therapy required for post-traumatic stress; and out-of-pocket expenses that are not included in medical expenses but are required to navigate life while recovering from the injury.

What is a demand letter?

When your personal injury attorney reviews your case and relevant documentation, they will determine an amount you are seeking in damages. This includes all of the above expenses you have sustained to date and an estimation of future expenses you will have to pay as a continued result of your injury. Once this amount is determined, your attorney will send a demand letter to the responsible party’s insurance provider.

This is generally the first communication that your personal injury attorney has with the company responsible for compensating you for your sustained injury. It lets the insurance provider know that their policy holder’s actions caused your injury and that they will be responsible for full compensation of damages caused. Usually, an attorney requests that compensation in the form of the responsible party’s insurance limit and includes a statement that expenses for injuries sustained are likely to exceed the insurance limit. Because it is not yet known what that limit is, the attorney usually leaves this open-ended and awaits a response from the insurance company to begin negotiation of compensation.

In order to supplement the request for the compensation, your personal injury attorney will include supporting documentation regarding the accident and your injury. Some such supporting documents include

  • What is a demand letter?the police report from the accident, which includes testimonies from involved parties, photos and police video from the accident, and other important evidence providing context in determining fault;
  • eyewitness statements from the accident, likely as part of the police report, which also helps determine fault;
  • photographic evidence of your physical injuries, such as MRIs, X-rays, and doctor’s visit paperwork, which demonstrate beyond deniability the need for medical care;
  • proof of medical expenses, such as medical bills, that provide figures supporting the request for compensation at or beyond the insurance limit and demonstrate the probable presence of future medical expenses; and
  • proof and amount of lost income to date, all of which the insurance company will be responsible for compensating, in addition to future lost wages.

What is a reservation of rights letter?

While it may be intimidating to receive, a reservation of rights letter is a simple cog in the wheel of the personal injury lawsuit process. The reservation of rights letter is sent directly to the victim from the responsible party’s insurance company and notes that the provider is not denying or fighting your personal injury claim – yet – but that they may do so upon undergoing an internal investigation of the accident that caused your injury. It is important to educate yourself in the process in order to expect this letter, which generally is sent in response to your personal injury lawyer’s demand letter so that you do not react to the often cold letter with direct communication with the insurance company.

It is best to let your personal injury attorney handle all communication with the responsible party’s insurance provider. The insurance provider’s job is to pay out as little as possible, and as such, they will likely attempt to get you to say something that will help them deny full responsibility for the injury. If you reach out to the responsible party’s insurance company, or they call or contact you in any way, you are putting yourself at risk for not recovering all of the damages you deserve.

Contact a Mercer County Personal Injury Attorney Today

At Kamensky Cohen & Riechelson, our team of experienced personal injury attorneys is committed to serving our clients in Trenton, Princeton, Hamilton, and the greater Mercer County area in all cases in which they have been injured in an accident due to the negligence of someone else.

To schedule a consultation with a skilled member of our firm regarding your personal injury case, please contact us online or through our Trenton office at 609.528.2596.